80_FR_33340 80 FR 33228 - Best Practices Guidance for Controlling Listeria monocytogenes in Retail Delicatessens

80 FR 33228 - Best Practices Guidance for Controlling Listeria monocytogenes in Retail Delicatessens

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33228-33230
FR Document2015-14330

The Food Safety and Inspection Service (FSIS) is announcing the availability of its updated ``Best Practices Guidance for Controlling Listeria monocytogenes (Lm) in Retail Delicatessens'' and responding to comments received on the guidance that FSIS posted on its Web site and announced in April 2014 in the Federal Register. The best- practices guidance discusses steps that retailers can take to prevent certain ready-to-eat (RTE) foods that are prepared or sliced in retail delicatessens (delis) and consumed in the home, such as deli meats and deli salads, from becoming contaminated with Lm and thus a source of listeriosis. FSIS encourages retailers to review the guidance and evaluate the effectiveness of their retail practices and intervention strategies in reducing the risk of listeriosis to consumers from RTE meat and poultry deli products.

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33228-33230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14330]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / 
Notices

[[Page 33228]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2013-0038]


Best Practices Guidance for Controlling Listeria monocytogenes in 
Retail Delicatessens

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of its updated ``Best Practices Guidance for 
Controlling Listeria monocytogenes (Lm) in Retail Delicatessens'' and 
responding to comments received on the guidance that FSIS posted on its 
Web site and announced in April 2014 in the Federal Register. The best-
practices guidance discusses steps that retailers can take to prevent 
certain ready-to-eat (RTE) foods that are prepared or sliced in retail 
delicatessens (delis) and consumed in the home, such as deli meats and 
deli salads, from becoming contaminated with Lm and thus a source of 
listeriosis. FSIS encourages retailers to review the guidance and 
evaluate the effectiveness of their retail practices and intervention 
strategies in reducing the risk of listeriosis to consumers from RTE 
meat and poultry deli products.

FOR FURTHER INFORMATION CONTACT: Daniel Engeljohn, Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495, or by Fax: (202) 720-2025.

SUPPLEMENTARY INFORMATION: 

Background

    Lm is a bacterium that is found in moist environments, soil, and 
decaying vegetation and can persist along the food continuum. Transfer 
of the bacterium from the environment (e.g., deli cases, slicers, and 
utensils), employees, or contaminated food products is a particular 
hazard of concern in RTE foods, including meat and poultry products, 
because they generally receive no further processing for food safety 
before consumption. Listeriosis is a serious infection usually caused 
by eating food contaminated with Lm.
    On April 21, 2014, FSIS announced the availability of its ``Best 
Practices Guidance for Controlling Listeria monocytogenes (Lm) in 
Retail Delicatessens'' and requested comment on the guidance (79 FR 
22082). As explained in the 2014 Federal Register notice, FSIS used the 
key findings from the FSIS and Food and Drug Administration (FDA) 
``Interagency Risk Assessment--Listeria monocytogenes in Retail 
Delicatessens'' available on FSIS's Web site at http://www.fsis.usda.gov/wps/portal/fsis/topics/science/risk-assessments, the 
available scientific knowledge, the 2013 FDA Food Code,\1\ and lessons 
learned from controlling Lm in FSIS-inspected meat and poultry 
processing establishments to develop the Best Practices Guidance for 
Controlling Lm in Retail Delis. The guidance provides practical 
recommendations that retailers can use to control Lm contamination and 
outgrowth in the deli. Retailers can use the best-practices guidance to 
help ensure that RTE meat and poultry products in the deli area are 
handled under sanitary conditions and are not adulterated under the 
Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.) or the 
Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.) (see 21 
U.S.C. 623(d) and 464(e)). While these practices are specifically 
designed to control Lm, they also may help control other foodborne 
pathogens that may be introduced into the retail deli environment and 
other facilities where consumers take possession of food.
---------------------------------------------------------------------------

    \1\ The FDA 2013 Food Code is a model to assist food control 
jurisdictions at all levels of the government by providing them with 
a scientifically sound technical and legal basis for regulating food 
service, retail food stores, or food vending operations. For 
additional information on the FDA Food Code visit the FDA Web site 
at http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/default.htm.
---------------------------------------------------------------------------

Final Guidance

    The final guidance is posted at: http://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/compliance-guides-index.
    FSIS updated the guidance to replace the previous version of the 
document which was issued and announced in the Federal Register (79 FR 
22082, April 21, 2014). FSIS updated this guidance based on comments 
received during the public comment period which closed on June 20, 
2014. FSIS made the following changes to the guidance in response to 
comments: Clarified that food processing equipment should be 
disassembled during cleaning and sanitizing, added a recommendation 
that retailers scrub surfaces during cleaning to prevent biofilm 
formation, and clarified that retailers should rotate (change) 
sanitizers to help prevent Lm from establishing niches in the 
environment and forming biofilms. The response to comments section 
below contains a more detailed summary of the comments and FSIS's 
responses to those comments. Although comments will no longer be 
accepted through www.regulations.gov on this guidance document, FSIS 
will update this document as necessary should new information become 
available.

Response to Comments

    FSIS received six comments on the ``FSIS Best Practices Guidance 
for Controlling Lm in Retail Delicatessens'' (FSIS Retail Lm 
Guideline). The comments were from a meat-processing company, a trade 
organization that represents retail stores, two companies that provide 
sanitation services, one company that produces antimicrobial agents, 
and one trade organization that represents meat-processing companies. 
The following is a summary of the comments that were received and 
FSIS's responses to the comments.
    Comment: Several commenters supported FSIS issuing the Retail Lm 
Guideline and recommended that FSIS issue other guidelines that 
retailers and food service operators can use. One commenter stated that 
the hazard of Lm does not change with production at a smaller facility 
and recommended that delis use the FSIS Compliance Guideline: 
``Controlling Lm in Post-lethality Exposed Ready-to-Eat Meat and 
Poultry Products'' (FSIS Listeria Guideline). The FSIS Listeria 
Guideline is posted at http://www.fsis.usda.gov/wps/wcm/connect/d3373299-50e6-47d6-a577-e74a1e549fde/Controlling-Lm-RTE-Guideline.pdf?MOD=AJPERES.

[[Page 33229]]

    Response: FSIS agrees that it is important to provide guidance for 
retailers and may issue additional guidelines as needed. While the FSIS 
Listeria Guideline for industry discussed in the preceding paragraph 
provides useful information about controlling Lm in federally inspected 
establishments, it does not provide information for deli operators. 
Because the requirements, processing conditions, and practices are 
different at retail than in processing facilities, issuing this 
separate guideline provides the specific information retailers can use 
to control Lm in the deli area.
    Comment: Three commenters questioned whether the recommendation to 
rotate sanitizers to help prevent Lm from developing resistance to 
sanitizers and forming biofilms was necessary. One commenter stated 
that there is no scientific evidence that Lm develops resistance to 
sanitizers. The commenters recommended that retailers focus on removing 
the biofilm during the washing step and not the sanitizing step.
    Response: Research has shown that Lm may become resistant to 
chlorine and other sanitizers,\2\ and several industry guidelines 
recommend rotating sanitizers.3 4 5 6 Therefore, in the 
guidance, FSIS continues to recommend this practice to help prevent Lm 
from establishing niches in the environment and forming biofilms. FSIS 
agrees with the commenters that biofilm formation is a concern in the 
deli environment and should be addressed during the cleaning step. To 
address this concern, FSIS has added a new recommendation to scrub 
surfaces during cleaning to prevent biofilm formation.
---------------------------------------------------------------------------

    \2\ Folsom, JP and JF Frank. Chlorine resistance of Listeria 
monocytogenes biofilms and relationship to subtype, cell density, 
and planktonic cell chlorine resistance. Journal of Food Protection. 
Volume 69, number 6, pages 1292-1296, June 2006.
    \3\ Pennsylvania State University (Penn State), College of 
Agricultural Sciences, Agricultural Research and Cooperative 
Extension. Control of Listeria monocytogenes in Small Meat and 
Poultry Establishments, 2003.http://extension.psu.edu/food/safety/other-topics/controlling-listeria/Cotrolling-Listeria-2.pdf/view 
(Sampling for Lm, rotating sanitizers).
    \4\ FDA, Guidance for Industry: Control of Listeria 
monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods; Draft 
Guidance, February, 2008. Found at: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/FoodProcessingHACCP/ucm073110.htm.
    \5\ Food Safety Authority of Ireland. The Control and Management 
of Listeria monocytogenes Contamination of Food. 2005. Found at: 
https://www.fsai.ie/WorkArea/DownloadAsset.aspx?id=1234.
    \6\ Tompkin RB, Scott VN, Bernard DT, Sveum WH, and Gombas KS. 
1999. Guidelines to prevent post-processing contamination from 
Listeria monocytogenes. Dairy, Food and Environmental Sanitation 19 
(8): 551-562.
---------------------------------------------------------------------------

    Comment: One commenter recommended that FSIS compliance 
investigators treat the best practices as guidance and not regulatory 
requirements when performing in-commerce surveillance at retail. The 
commenter requested that FSIS instruct its compliance investigators 
that the best practices are recommendations and not requirements. The 
commenter also recommended that compliance investigators provide the 
retail store management with FSIS guidance and other guidance documents 
that are available if they determine that store management is not aware 
of Listeria control actions.
    Response: FSIS agrees that the guidance represents FSIS's best 
practices recommendations and does not represent requirements that 
retailers must meet. FSIS issued instructions to its compliance 
investigators to make them aware that this guidance did not include 
requirements. FSIS is not aware of any instance in which compliance 
investigators have enforced FSIS guidance as though it were a 
regulatory requirement. FSIS is instructing its compliance 
investigators through training materials that they should inform 
retailers that the guidance is available on the FSIS Web site. 
Retailers are required by the FMIA and PPIA to maintain sanitary 
conditions and otherwise not produce adulterated or misbranded product. 
The guidance provides actions retailers can take to help ensure that 
they are meeting the requirements of the FMIA and PPIA. Retailers also 
should be aware that the recommendations in the guideline, especially 
those based on the 2013 FDA Food Code, may be requirements in State, 
local, or Tribal regulations.
    Comment: One commenter stated that it is important to disassemble 
equipment when cleaning to find hard-to-reach areas where Lm can hide. 
The commenter stated that FSIS should amend the recommendation to clean 
and sanitize RTE food-processing equipment every four hours to include 
recommendations to disassemble the equipment during cleaning.
    Response: FSIS agrees that it is important to disassemble equipment 
(e.g., slicers) when cleaning every four hours as recommended by the 
2013 FDA Food Code and has clarified this information in the guidance.

USDA Nondiscrimination 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).

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 also will make copies of this publication available 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 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.


[[Page 33230]]


    Done in Washington, DC, on June 8, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-14330 Filed 6-10-15; 8:45 am]
 BILLING CODE 3410-DM-P



                                                  33228

                                                  Notices                                                                                                        Federal Register
                                                                                                                                                                 Vol. 80, No. 112

                                                                                                                                                                 Thursday, June 11, 2015



                                                  This section of the FEDERAL REGISTER                    products is a particular hazard of                        FSIS updated the guidance to replace
                                                  contains documents other than rules or                  concern in RTE foods, including meat                   the previous version of the document
                                                  proposed rules that are applicable to the               and poultry products, because they                     which was issued and announced in the
                                                  public. Notices of hearings and investigations,         generally receive no further processing                Federal Register (79 FR 22082, April 21,
                                                  committee meetings, agency decisions and                for food safety before consumption.                    2014). FSIS updated this guidance based
                                                  rulings, delegations of authority, filing of
                                                                                                          Listeriosis is a serious infection usually             on comments received during the public
                                                  petitions and applications and agency
                                                  statements of organization and functions are            caused by eating food contaminated                     comment period which closed on June
                                                  examples of documents appearing in this                 with Lm.                                               20, 2014. FSIS made the following
                                                  section.                                                  On April 21, 2014, FSIS announced                    changes to the guidance in response to
                                                                                                          the availability of its ‘‘Best Practices               comments: Clarified that food
                                                                                                          Guidance for Controlling Listeria                      processing equipment should be
                                                  DEPARTMENT OF AGRICULTURE                               monocytogenes (Lm) in Retail                           disassembled during cleaning and
                                                                                                          Delicatessens’’ and requested comment                  sanitizing, added a recommendation
                                                  Food Safety and Inspection Service                      on the guidance (79 FR 22082). As                      that retailers scrub surfaces during
                                                                                                          explained in the 2014 Federal Register                 cleaning to prevent biofilm formation,
                                                  [Docket No. FSIS–2013–0038]
                                                                                                          notice, FSIS used the key findings from                and clarified that retailers should rotate
                                                  Best Practices Guidance for                             the FSIS and Food and Drug                             (change) sanitizers to help prevent Lm
                                                  Controlling Listeria monocytogenes in                   Administration (FDA) ‘‘Interagency Risk                from establishing niches in the
                                                  Retail Delicatessens                                    Assessment—Listeria monocytogenes in                   environment and forming biofilms. The
                                                                                                          Retail Delicatessens’’ available on FSIS’s             response to comments section below
                                                  AGENCY:  Food Safety and Inspection                     Web site at http://www.fsis.usda.gov/                  contains a more detailed summary of
                                                  Service, USDA.                                          wps/portal/fsis/topics/science/risk-                   the comments and FSIS’s responses to
                                                  ACTION: Notice of availability.                         assessments, the available scientific                  those comments. Although comments
                                                                                                          knowledge, the 2013 FDA Food Code,1                    will no longer be accepted through
                                                  SUMMARY:    The Food Safety and                         and lessons learned from controlling Lm                www.regulations.gov on this guidance
                                                  Inspection Service (FSIS) is announcing                 in FSIS-inspected meat and poultry                     document, FSIS will update this
                                                  the availability of its updated ‘‘Best                  processing establishments to develop
                                                  Practices Guidance for Controlling                                                                             document as necessary should new
                                                                                                          the Best Practices Guidance for                        information become available.
                                                  Listeria monocytogenes (Lm) in Retail                   Controlling Lm in Retail Delis. The
                                                  Delicatessens’’ and responding to                       guidance provides practical                            Response to Comments
                                                  comments received on the guidance that                  recommendations that retailers can use
                                                  FSIS posted on its Web site and                         to control Lm contamination and                           FSIS received six comments on the
                                                  announced in April 2014 in the Federal                  outgrowth in the deli. Retailers can use               ‘‘FSIS Best Practices Guidance for
                                                  Register. The best-practices guidance                   the best-practices guidance to help                    Controlling Lm in Retail Delicatessens’’
                                                  discusses steps that retailers can take to              ensure that RTE meat and poultry                       (FSIS Retail Lm Guideline). The
                                                  prevent certain ready-to-eat (RTE) foods                products in the deli area are handled                  comments were from a meat-processing
                                                  that are prepared or sliced in retail                   under sanitary conditions and are not                  company, a trade organization that
                                                  delicatessens (delis) and consumed in                   adulterated under the Federal Meat                     represents retail stores, two companies
                                                  the home, such as deli meats and deli                   Inspection Act (FMIA) (21 U.S.C. 601 et                that provide sanitation services, one
                                                  salads, from becoming contaminated                      seq.) or the Poultry Products Inspection               company that produces antimicrobial
                                                  with Lm and thus a source of listeriosis.               Act (PPIA) (21 U.S.C. 451 et seq.) (see                agents, and one trade organization that
                                                  FSIS encourages retailers to review the                 21 U.S.C. 623(d) and 464(e)). While                    represents meat-processing companies.
                                                  guidance and evaluate the effectiveness                 these practices are specifically designed              The following is a summary of the
                                                  of their retail practices and intervention              to control Lm, they also may help                      comments that were received and FSIS’s
                                                  strategies in reducing the risk of                      control other foodborne pathogens that                 responses to the comments.
                                                  listeriosis to consumers from RTE meat                  may be introduced into the retail deli                    Comment: Several commenters
                                                  and poultry deli products.                              environment and other facilities where                 supported FSIS issuing the Retail Lm
                                                  FOR FURTHER INFORMATION CONTACT:                        consumers take possession of food.                     Guideline and recommended that FSIS
                                                  Daniel Engeljohn, Assistant                             Final Guidance                                         issue other guidelines that retailers and
                                                  Administrator, Office of Policy and                                                                            food service operators can use. One
                                                  Program Development; Telephone: (202)                      The final guidance is posted at:                    commenter stated that the hazard of Lm
                                                  205–0495, or by Fax: (202) 720–2025.                    http://www.fsis.usda.gov/wps/portal/                   does not change with production at a
                                                                                                          fsis/topics/regulatory-compliance/                     smaller facility and recommended that
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          compliance-guides-index.                               delis use the FSIS Compliance
                                                  Background
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            1 The FDA 2013 Food Code is a model to assist
                                                                                                                                                                 Guideline: ‘‘Controlling Lm in Post-
                                                    Lm is a bacterium that is found in                    food control jurisdictions at all levels of the
                                                                                                                                                                 lethality Exposed Ready-to-Eat Meat and
                                                  moist environments, soil, and decaying                  government by providing them with a scientifically     Poultry Products’’ (FSIS Listeria
                                                  vegetation and can persist along the                    sound technical and legal basis for regulating food    Guideline). The FSIS Listeria Guideline
                                                  food continuum. Transfer of the                         service, retail food stores, or food vending           is posted at http://www.fsis.usda.gov/
                                                                                                          operations. For additional information on the FDA
                                                  bacterium from the environment (e.g.,                   Food Code visit the FDA Web site at http://www.
                                                                                                                                                                 wps/wcm/connect/d3373299-50e6-
                                                  deli cases, slicers, and utensils),                     fda.gov/Food/GuidanceRegulation/RetailFood             47d6-a577-e74a1e549fde/Controlling-
                                                  employees, or contaminated food                         Protection/FoodCode/default.htm.                       Lm-RTE-Guideline.pdf?MOD=AJPERES.


                                             VerDate Sep<11>2014   17:06 Jun 10, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\11JNN1.SGM   11JNN1


                                                                                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices                                            33229

                                                     Response: FSIS agrees that it is                     surfaces during cleaning to prevent                    disability, age, marital status, family/
                                                  important to provide guidance for                       biofilm formation.                                     parental status, income derived from a
                                                  retailers and may issue additional                         Comment: One commenter                              public assistance program, or political
                                                  guidelines as needed. While the FSIS                    recommended that FSIS compliance                       beliefs, exclude from participation in,
                                                  Listeria Guideline for industry                         investigators treat the best practices as              deny the benefits of, or subject to
                                                  discussed in the preceding paragraph                    guidance and not regulatory                            discrimination any person in the United
                                                  provides useful information about                       requirements when performing in-                       States under any program or activity
                                                  controlling Lm in federally inspected                   commerce surveillance at retail. The                   conducted by the USDA.
                                                  establishments, it does not provide                     commenter requested that FSIS instruct
                                                  information for deli operators. Because                 its compliance investigators that the                  How To File a Complaint of
                                                  the requirements, processing conditions,                best practices are recommendations and                 Discrimination
                                                  and practices are different at retail than              not requirements. The commenter also
                                                                                                          recommended that compliance                               To file a complaint of discrimination,
                                                  in processing facilities, issuing this                                                                         complete the USDA Program
                                                  separate guideline provides the specific                investigators provide the retail store
                                                                                                          management with FSIS guidance and                      Discrimination Complaint Form, which
                                                  information retailers can use to control                                                                       may be accessed online at http://www.
                                                  Lm in the deli area.                                    other guidance documents that are
                                                                                                          available if they determine that store                 ocio.usda.gov/sites/default/files/docs/
                                                     Comment: Three commenters                                                                                   2012/Complain_combined_6_8_12.pdf,
                                                  questioned whether the                                  management is not aware of Listeria
                                                                                                          control actions.                                       or write a letter signed by you or your
                                                  recommendation to rotate sanitizers to                                                                         authorized representative.
                                                                                                             Response: FSIS agrees that the
                                                  help prevent Lm from developing
                                                                                                          guidance represents FSIS’s best                           Send your completed complaint form
                                                  resistance to sanitizers and forming
                                                                                                          practices recommendations and does                     or letter to USDA by mail, fax, or email:
                                                  biofilms was necessary. One commenter
                                                                                                          not represent requirements that retailers
                                                  stated that there is no scientific                                                                                Mail: U.S. Department of Agriculture,
                                                                                                          must meet. FSIS issued instructions to
                                                  evidence that Lm develops resistance to                                                                        Director, Office of Adjudication, 1400
                                                                                                          its compliance investigators to make
                                                  sanitizers. The commenters                                                                                     Independence Avenue SW.,
                                                                                                          them aware that this guidance did not
                                                  recommended that retailers focus on                                                                            Washington, DC 20250–9410, Fax: (202)
                                                                                                          include requirements. FSIS is not aware
                                                  removing the biofilm during the                                                                                690–7442, Email:
                                                                                                          of any instance in which compliance
                                                  washing step and not the sanitizing                     investigators have enforced FSIS                       program.intake@usda.gov.
                                                  step.                                                   guidance as though it were a regulatory                   Persons with disabilities who require
                                                     Response: Research has shown that                    requirement. FSIS is instructing its                   alternative means for communication
                                                  Lm may become resistant to chlorine                     compliance investigators through                       (Braille, large print, audiotape, etc.),
                                                  and other sanitizers,2 and several                      training materials that they should                    should contact USDA’s TARGET Center
                                                  industry guidelines recommend rotating                  inform retailers that the guidance is                  at (202) 720–2600 (voice and TDD).
                                                  sanitizers.3 4 5 6 Therefore, in the                    available on the FSIS Web site. Retailers
                                                  guidance, FSIS continues to recommend                                                                          Additional Public Notification
                                                                                                          are required by the FMIA and PPIA to
                                                  this practice to help prevent Lm from                   maintain sanitary conditions and                          Public awareness of all segments of
                                                  establishing niches in the environment                  otherwise not produce adulterated or                   rulemaking and policy development is
                                                  and forming biofilms. FSIS agrees with                  misbranded product. The guidance                       important. Consequently, FSIS will
                                                  the commenters that biofilm formation                   provides actions retailers can take to                 announce this Federal Register
                                                  is a concern in the deli environment and                help ensure that they are meeting the                  publication on-line through the FSIS
                                                  should be addressed during the cleaning                 requirements of the FMIA and PPIA.
                                                  step. To address this concern, FSIS has                                                                        Web page located at: http://
                                                                                                          Retailers also should be aware that the                www.fsis.usda.gov/federal-register.
                                                  added a new recommendation to scrub                     recommendations in the guideline,
                                                                                                          especially those based on the 2013 FDA                    FSIS also will make copies of this
                                                     2 Folsom, JP and JF Frank. Chlorine resistance of
                                                                                                          Food Code, may be requirements in                      publication available through the FSIS
                                                  Listeria monocytogenes biofilms and relationship to
                                                                                                          State, local, or Tribal regulations.                   Constituent Update, which is used to
                                                  subtype, cell density, and planktonic cell chlorine                                                            provide information regarding FSIS
                                                  resistance. Journal of Food Protection. Volume 69,         Comment: One commenter stated that
                                                  number 6, pages 1292–1296, June 2006.                   it is important to disassemble                         policies, procedures, regulations,
                                                     3 Pennsylvania State University (Penn State),        equipment when cleaning to find hard-                  Federal Register notices, FSIS public
                                                  College of Agricultural Sciences, Agricultural          to-reach areas where Lm can hide. The                  meetings, and other types of information
                                                  Research and Cooperative Extension. Control of
                                                                                                          commenter stated that FSIS should                      that could affect or would be of interest
                                                  Listeria monocytogenes in Small Meat and Poultry                                                               to our constituents and stakeholders.
                                                  Establishments, 2003.http://extension.psu.edu/          amend the recommendation to clean
                                                  food/safety/other-topics/controlling-listeria/          and sanitize RTE food-processing                       The Update is available on the FSIS
                                                  Cotrolling-Listeria-2.pdf/view (Sampling for Lm,        equipment every four hours to include                  Web page. Through the Web page, FSIS
                                                  rotating sanitizers).
                                                                                                          recommendations to disassemble the                     is able to provide information to a much
                                                     4 FDA, Guidance for Industry: Control of Listeria
                                                                                                          equipment during cleaning.                             broader, more diverse audience. In
                                                  monocytogenes in Refrigerated or Frozen Ready-To-
                                                  Eat Foods; Draft Guidance, February, 2008. Found           Response: FSIS agrees that it is                    addition, FSIS offers an email
                                                  at: http://www.fda.gov/Food/GuidanceRegulation/         important to disassemble equipment                     subscription service which provides
                                                  GuidanceDocumentsRegulatoryInformation/                 (e.g., slicers) when cleaning every four               automatic and customized access to
                                                  FoodProcessingHACCP/ucm073110.htm.                                                                             selected food safety news and
                                                     5 Food Safety Authority of Ireland. The Control
                                                                                                          hours as recommended by the 2013 FDA
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                                                                                                          Food Code and has clarified this                       information. This service is available at:
                                                  and Management of Listeria monocytogenes
                                                  Contamination of Food. 2005. Found at: https://         information in the guidance.                           http://www.fsis.usda.gov/subscribe.
                                                  www.fsai.ie/WorkArea/DownloadAsset.                                                                            Options range from recalls to export
                                                  aspx?id=1234.                                           USDA Nondiscrimination Statement                       information, regulations, directives, and
                                                     6 Tompkin RB, Scott VN, Bernard DT, Sveum
                                                                                                            No agency, officer, or employee of the               notices. Customers can add or delete
                                                  WH, and Gombas KS. 1999. Guidelines to prevent
                                                  post-processing contamination from Listeria
                                                                                                          USDA shall, on the grounds of race,                    subscriptions themselves, and have the
                                                  monocytogenes. Dairy, Food and Environmental            color, national origin, religion, sex,                 option to password protect their
                                                  Sanitation 19 (8): 551–562.                             gender identity, sexual orientation,                   accounts.


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                                                  33230                         Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                    Done in Washington, DC, on June 8, 2015.              to specific Codex committees, please                   International Plant Protection
                                                  Alfred V. Almanza,                                      identify the committee(s) in your                      Convention. The President, pursuant to
                                                  Acting Administrator.                                   comments and submit a copy of your                     Proclamation No. 6780 of March 23,
                                                  [FR Doc. 2015–14330 Filed 6–10–15; 8:45 am]             comments to the delegate from that                     1995 (60 FR 15845), designated the U.S.
                                                  BILLING CODE 3410–DM–P
                                                                                                          particular committee.                                  Department of Agriculture as the agency
                                                                                                             Docket: For access to background                    responsible for informing the public of
                                                                                                          documents or comments received, visit                  the SPS standard-setting activities of
                                                  DEPARTMENT OF AGRICULTURE                               the FSIS Docket Room at Patriots Plaza                 each international standard-setting
                                                                                                          3, 355 E Street SW., Room 8–164,                       organization. The Secretary of
                                                  Food Safety and Inspection Service                      Washington, DC 20250–3700, between                     Agriculture has delegated to the Office
                                                  [Docket No. FSIS–2015–0010]                             8:00 a.m. and 4:30 p.m., Monday                        of Food Safety the responsibility to
                                                                                                          through Friday. A complete list of U.S.                inform the public of the SPS standard-
                                                  International Standard-Setting                          delegates and alternate delegates can be               setting activities of Codex. The Office of
                                                  Activities                                              found in Attachment 2 of this notice.                  Food Safety has, in turn, assigned the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       responsibility for informing the public
                                                  AGENCY:   Office of Food Safety, USDA.                                                                         of the SPS standard-setting activities of
                                                                                                          Mary Frances Lowe, United States
                                                  ACTION:   Notice.                                       Manager for Codex, U.S. Department of                  Codex to the U.S. Codex Office.
                                                  SUMMARY:    This notice informs the public              Agriculture, Office of Food Safety,                      Codex was created in 1963 by two
                                                  of the sanitary and phytosanitary                       Room 4861, South Agriculture Building,                 United Nations organizations, the Food
                                                  standard-setting activities of the Codex                1400 Independence Avenue SW.,                          and Agriculture Organization (FAO) and
                                                  Alimentarius Commission (Codex), in                     Washington, DC 20250–3700; telephone:                  the World Health Organization (WHO).
                                                  accordance with section 491 of the                      (202) 205–7760; fax: (202) 720–3157;                   Codex is the principal international
                                                  Trade Agreements Act of 1979, as                        email: USCodex@fsis.usda.gov.                          organization for establishing standards
                                                  amended, and the Uruguay Round                             For information pertaining to                       for food. Through adoption of food
                                                  Agreements Act. This notice also                        particular committees, contact the                     standards, codes of practice, and other
                                                  provides a list of other standard-setting               delegate of that committee. Documents                  guidelines developed by its committees
                                                  activities of Codex, including                          pertaining to Codex and specific                       and by promoting their adoption and
                                                  commodity standards, guidelines, codes                  committee agendas are accessible via                   implementation by governments, Codex
                                                  of practice, and revised texts. This                    the Internet at http://www.codex                       seeks to protect the health of consumers,
                                                  notice, which covers Codex activities                   alimentarius.org/meetings-reports/en/.                 ensure fair practices in the food trade,
                                                  during the time periods from June 1,                    The U.S. Codex Office also maintains a                 and promote coordination of food
                                                  2014, to May 31, 2015, and June 1, 2015,                Web site at http://www.fsis.usda.gov/                  standards work undertaken by
                                                  to May 31, 2016, seeks comments on                      wps/portal/fsis/topics/international-                  international governmental and
                                                  standards under consideration and                       affairs/us-codex-alimentarius.                         nongovernmental organizations. In the
                                                  recommendations for new standards.                      SUPPLEMENTARY INFORMATION:                             United States, U.S. Codex activities are
                                                                                                                                                                 managed and carried out by the United
                                                  ADDRESSES: FSIS invites interested                      Background                                             States Department of Agriculture
                                                  persons to submit comments on this                                                                             (USDA); the Food and Drug
                                                  notice. Comments may be submitted by                       The World Trade Organization (WTO)
                                                                                                          was established on January 1, 1995, as                 Administration (FDA), Department of
                                                  one of the following methods:                                                                                  Health and Human Services (HHS); the
                                                     • Federal eRulemaking Portal: This                   the common international institutional
                                                                                                          framework for the conduct of trade                     National Oceanic and Atmospheric
                                                  Web site provides the ability to type
                                                                                                          relations among its members in matters                 Administration (NOAA), Department of
                                                  short comments directly into the
                                                                                                          related to the Uruguay Round Trade                     Commerce (DOC); and the
                                                  comment field on this Web page or
                                                                                                          Agreements. The WTO is the successor                   Environmental Protection Agency
                                                  attach a file for lengthier comments. Go
                                                                                                          organization to the General Agreement                  (EPA).
                                                  to http://www.regulations.gov. Follow
                                                  the on-line instructions at that site for               on Tariffs and Trade (GATT). United                      As the agency responsible for
                                                  submitting comments.                                    States membership in the WTO was                       informing the public of the SPS
                                                     • Mail, including CD–ROMs, etc.:                     approved and the Uruguay Round                         standard-setting activities of Codex, the
                                                  Send to U.S. Department of Agriculture                  Agreements Act (Uruguay Round                          Office of Food Safety publishes this
                                                  (USDA), FSIS, 1400 Independence                         Agreements) was signed into law by the                 notice in the Federal Register annually.
                                                  Avenue SW., Mailstop 3782, Room                         President on December 8, 1994, Public                  Attachment 1 (Sanitary and
                                                  8–163B, Washington, DC 20250–3700.                      Law 103–465, 108 Stat. 4809. The                       Phytosanitary Activities of Codex) sets
                                                     • Hand- or courier-delivered items:                  Uruguay Round Agreements became                        forth the following information:
                                                  Deliver to OPPD, RIMS, Docket                           effective, with respect to the United                    1. The SPS standards under
                                                  Clearance Unit, Patriots Plaza 3, 355 E                 States, on January 1, 1995. The Uruguay                consideration or planned for
                                                  Street SW., Room 8–164, Washington,                     Round Agreements amended the Trade                     consideration; and
                                                  DC 20250–3700.                                          Agreements Act of 1979. Pursuant to                      2. For each SPS standard specified:
                                                     Instructions: All items submitted by                 section 491 of the Trade Agreements Act                  a. A description of the consideration
                                                  mail or electronic mail must include the                of 1979, as amended, the President is                  or planned consideration of the
                                                  Agency name and docket number FSIS–                     required to designate an agency to be                  standard;
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                                                  2015–0010. Comments received in                         ‘‘responsible for informing the public of                b. Whether the United States is
                                                  response to this docket will be made                    the sanitary and phytosanitary (SPS)                   participating or plans to participate in
                                                  available for public inspection and                     standard-setting activities of each                    the consideration of the standard;
                                                  posted without change, including any                    international standard-setting                           c. The agenda for United States
                                                  personal information, to http://                        organization.’’ (19 U.S. C. 2578) The                  participation, if any; and
                                                  www.regulations.gov.                                    main international standard-setting                      d. The agency responsible for
                                                     Please state that your comments refer                organizations are Codex, the World                     representing the United States with
                                                  to Codex and, if your comments relate                   Organisation for Animal Health, and the                respect to the standard.


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Document Created: 2015-12-15 15:07:11
Document Modified: 2015-12-15 15:07:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactDaniel Engeljohn, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495, or by Fax: (202) 720-2025.
FR Citation80 FR 33228 

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