80_FR_70967 80 FR 70747 - Availability of FSIS Compliance Guidelines for Allergens and Ingredients of Public Health Concern: Identification, Prevention and Control, and Declaration Through Labeling

80 FR 70747 - Availability of FSIS Compliance Guidelines for Allergens and Ingredients of Public Health Concern: Identification, Prevention and Control, and Declaration Through Labeling

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70747-70749
FR Document2015-28935

The Food Safety and Inspection Service (FSIS) is announcing the availability of an updated version of the Agency's compliance guidelines for controlling hazards posed by allergens and other ingredients of public health concern. The guidelines provide recommendations for identifying hazards when conducting a hazard analysis and for preventing and controlling hazards through a hazard analysis and critical control point (HACCP) plan or Sanitation standard operating procedures (SOPs) or other prerequisite programs with respect to these substances.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70747-70749]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28935]


========================================================================
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. 220 / Monday, November 16, 2015 / 
Notices

[[Page 70747]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket Number FSIS-2013-0029]
RIN 0583-AD39


Availability of FSIS Compliance Guidelines for Allergens and 
Ingredients of Public Health Concern: Identification, Prevention and 
Control, and Declaration Through Labeling

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability.

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

SUMMARY:  The Food Safety and Inspection Service (FSIS) is announcing 
the availability of an updated version of the Agency's compliance 
guidelines for controlling hazards posed by allergens and other 
ingredients of public health concern. The guidelines provide 
recommendations for identifying hazards when conducting a hazard 
analysis and for preventing and controlling hazards through a hazard 
analysis and critical control point (HACCP) plan or Sanitation standard 
operating procedures (SOPs) or other prerequisite programs with respect 
to these substances.

ADDRESSES:  A downloadable version of the revised compliance guide is 
available to view and print at [http://www.fsis.usda.gov/wps/wcm/connect/f9cbb0e9-6b4d-4132-ae27-53e0b52e840e/Allergens-Ingredients.pdf?MOD=AJPERES]. No hard copies of the compliance 
guidelines have been published.

FOR FURTHER INFORMATION CONTACT:  For further information contact 
Daniel Engeljohn, Assistant Administrator, Office of Policy and Program 
Development, FSIS, U.S. Department of Agriculture, 1400 Independence 
Avenue SW., Washington, DC 20250-3700, (202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2014, FSIS published a Federal Register notice (79 FR 
22083) announcing the availability of and opportunity to comment on 
Agency guidance on allergens and other ingredients of public health 
concern. FSIS explained that in recent years (2008-2012), there had 
been a sustained increase in the number of recalls of FSIS-regulated 
product that contained undeclared allergens, and that these recalls 
were preventable as many had been the result of ingredient changes, 
product changes, products in the wrong package, or products with 
misprinted labels. The Agency also explained that the consumption of 
meat and poultry products containing ingredients of public health 
concern, such as undeclared allergens, may result in adverse health 
outcomes for certain individuals.
    The Agency explained that it was issuing the guidelines to provide 
meat and poultry establishments with recommendations on how to identify 
hazards with respect to allergens and other ingredients of public 
health concern when conducting their hazard analysis, how to prevent 
and control these hazards through HACCP plans, Sanitation SOPs, or 
other prerequisite programs, and how to properly declare allergens in 
product. The guidelines also provided information on proper procedures 
for processing, handling, storing, and labeling a product with an 
allergenic ingredient or ingredient of public health concern.
    In addition, the Agency explained that the guidelines represent the 
best practice recommendations of FSIS, based on scientific and 
practical considerations, and that the recommendations are not 
requirements. FSIS said that by following the guidelines, 
establishments would be likely to ensure that product labels declare 
all ingredients, as required in the regulations, and that the product 
would not contain undeclared allergens or other undeclared ingredients. 
FSIS recommended that establishments consider incorporating the 
guidelines in their HACCP plan or Sanitation SOPs or other prerequisite 
programs.
    Updated Guidelines:
    FSIS has updated the guidelines to include numbered appendices for 
diagrams, checklists, and supplemental information to simplify locating 
these references. In response to the comments discussed below, FSIS 
updated the guidelines by:
     Clarifying, on pages 2 and 4, that the focus of the 
document is on FSIS-regulated establishments, state-regulated 
establishments, and operations where all or part of the premises meet 
the ``food processing plant'' definition, as defined in the Food and 
Drug Administration's (FDA) ``2013 Food Code'';
     clarifying, in Section 1.2, page 5, that sulfur-based 
preservatives (sulfites), lactose, FD&C Yellow 5 (Tartrazine), gluten, 
and monosodium glutamate (MSG) are ingredients of concern that may 
result in adverse reactions in certain susceptible individuals, yet 
they are not considered allergens;
     revising the ``What is a letter of guarantee (LOG)?'' box 
on page 8, and adding a paragraph on page 9 to clarify and describe a 
LOG, the difference between a LOG and a Certificate of Analysis (COA), 
and the communication and coordination between an establishment and its 
suppliers that FSIS recommends when an establishment relies on LOGs;
     adding ``Allergenic Ingredients and Foods,'' a listing of 
allergenic ingredients and foods that may contain allergenic 
ingredients, as a resource (Appendix 6);
     adding ``Tips for Avoiding Your Allergen,'' published by 
Food Allergy Research and Education (FARE) to the ``References and 
Resources'' section (Appendix 7); and
     adding FSIS Directive 8080.1, ``Recall of Meat and Poultry 
Products,'' to the ''References and Resources'' section (Appendix 7).
    In addition, in Section 2.1, FSIS edited the text to emphasize the 
purpose of a hazard analysis and a hazard identification. Under Section 
2.3, FSIS edited the third paragraph to delete that an establishment 
include storage in its HACCP system because that guidance is included 
in the first paragraph of this section. Also, in Section 2.3, FSIS 
added the recommendation that an establishment conduct simulations with 
inaccurate product labels to test system, checklists, and procedures as 
a step to prevent mislabeling during packing, labeling, and storage of 
the final product.

[[Page 70748]]

Comments and Responses

    FSIS received a total of seven comments in response to the April 
2014 Federal Register notice and guidelines. The commenters included 
consumer and trade organizations, individuals, and a professional 
organization. The comments and the Agency's responses are discussed 
below.
    Comment: A professional organization recommended that FSIS modify 
the introductory sections of the document to clarify that the 
compliance guidelines were developed for a processing setting.
    Response: FSIS has modified the introductory sections of the 
guidelines to clarify that the emphasis of the document is on FSIS-
regulated establishments, state-regulated establishments, and 
operations where all or part of the premises meet the food processing 
plant definition as defined in the FDA ``2013 Food Code,'' available 
online at (http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM374510.pdf).
    Comment: An individual commented that Attachment 3 to FSIS Notice 
29-13, ``Allergenic Ingredients and Foods,'' is very useful, especially 
to very small meat and poultry establishments, including those that are 
dual jurisdiction processing establishments, and that it should be 
included in the compliance guidelines.
    Response: The attachment, entitled, ``Allergenic Ingredients and 
Foods,'' is based on ``Tips for Avoiding Your Allergen,'' published by 
Food Allergy Research and Education (FARE). FSIS Notice 29-13 was 
issued in April 2013 and is now expired. FSIS agrees that the 
attachment provides useful information and has included it in the 
guidelines as Appendix 7.
    Comment: A consumer group recommended clarifying that some of the 
ingredients listed under Section 1.2 are not allergens, and that 
monosodium glutamate (MSG) should not be included because research has 
not confirmed that it causes adverse reactions.
    Response: The list of ingredients in Section 1.2 has been modified 
to clarify that sulfur-based preservatives (sulfites), lactose, FD&C 
Yellow 5 (Tartrazine), gluten, and monosodium glutamate (MSG) are 
ingredients that may result in an adverse reaction in certain 
susceptible individuals, yet they are not considered allergens. FSIS is 
concerned about all foods or food ingredients that may cause adverse 
health effects. Therefore, MSG remains an ingredient of public health 
concern.
    Comment: A trade group recommended that, to ensure that industry is 
aware of the recommendations in the compliance guide, FSIS provide 
outreach to the meat and poultry industry.
    Response: FSIS intends to provide outreach to the meat and poultry 
industry on the compliance guidelines by conducting web-based (webinar) 
sessions for industry and announcing he compliance guide 
recommendations on the FSIS Small Plant News Web page at http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/small-plant-news/small-plant-news.
    Comment: One commenter requested that FSIS require the listing of 
all spices by name on product labels. The commenter stated that spice 
allergies are significant health concerns and that food labels need to 
specifically list all spices in the product. The commenter was 
specifically concerned with the labeling of garlic.
    Response: The Federal Meat Inspection Act (FMIA) and the Poultry 
Products Inspection Act (PPIA) require the listing of the common or 
usual name of ingredients on product labels, except that spices and 
flavorings may be designated as ``spices'' and ``flavorings,'' without 
naming each ingredient. Therefore, FSIS does not have the legal 
authority to require the listing of each spice or flavoring. The term 
``spice'' is defined in the FSIS labeling regulations (9 CFR 
317.2(f)(1)(i)(A) and 381.118(c)(1)) to mean any aromatic vegetable 
substance in the whole, broken or ground form, with the exceptions of 
onions, garlic and celery, whose primary function in food is seasoning 
rather than nutritional, and from which no portion of any volatile oil 
or other flavoring principle has been removed. In addition, the terms 
``natural flavor,'' ``natural flavoring,'' ``flavor,'' or ``flavoring'' 
may be used to designate spices as well as powdered garlic, powdered 
onion, or celery powder, specifically. If whole or broken garlic is 
used in the formulation of the product, it would need to be declared in 
the list of ingredients.
    Comment: Two trade organizations commented that throughout the 
guidelines, the focus was on the ``Big Eight'' allergens with little 
discussion of the ingredients of concern that may cause adverse 
reactions in susceptible individuals. The commenters recommended that a 
list of ingredients of public health concern be created in 
collaboration with the National Institute of Allergy and Infectious 
Diseases or similarly informed entity.
    Response: FSIS is concerned about all foods or food ingredients 
that may cause adverse health effects. These include the ``Big Eight'' 
ingredients as well as other ingredients of concern. As discussed 
above, FSIS has modified the list of ingredients in Section 1.2 to 
clarify that sulfur-based preservatives (sulfites), lactose, FD&C 
Yellow 5 (Tartrazine), gluten, and monosodium glutamate (MSG) are 
ingredients of concern that may cause adverse reactions in certain 
susceptible individuals. However, FSIS has not established a list of 
all ingredients to which consumers have reported adverse reactions. 
Establishments are required to be aware of the ingredients they are 
using in the production of their products and to determine whether the 
ingredients may trigger food sensitivities. They need to employ the 
necessary in-plant controls to prevent cross-contact and assure 
accurate label declarations.
    In addition, FSIS Directive 8080.1, ``Recall of Meat and Poultry 
Products,'' lists factors considered by the FSIS Recall Committee when 
evaluating the public health significance of an undeclared ingredient 
in a meat or poultry product. The directive lists the questions and 
other factors that the Agency considers. Although the Directive 
provides instructions to FSIS personnel, the questions that the FSIS 
recall committee considers will be helpful to industry also. Therefore, 
the Directive has been added to the ``References and Resources'' 
section (Appendix 7).
    Comment: A trade organization recommended that the list of 
undeclared allergen recalls include the corrective actions taken to 
ensure that allergens appear on the label.
    Response: FSIS agrees that providing undeclared allergen corrective 
action scenarios could be a useful mechanism to ensure that allergens 
appear on the label. ``Allergen Scenarios and Possible Prevention 
Measures,'' Appendix 5 of the compliance guidelines, is based on 
historical recalls, giving some insight into the possible preventive 
measures that would have prevented the undeclared allergen.
    Comment: Two trade organizations commented that requiring 
establishments to review ingredient lists on a continuous basis, 
especially when an establishment has changed suppliers, or the supplier 
has modified the ingredient formula, would create unjustified increases 
in manufacturing cost. They additionally commented that a review of 
letters of guarantee should not to be confused with certificates of 
analysis.
    Response: FSIS has edited the ``What is a letter of guarantee 
(LOG)'' box on page 8 of the guidelines, as well as the description of 
recommendations on page 9 to clarify what are Letters of

[[Page 70749]]

Guarantee. As mentioned above, establishments are required to be aware 
of the ingredients they are using in the production of their products 
and to determine whether they have considered and employed the 
necessary in-plant controls to prevent cross-contact and assure 
accurate label declarations. LOGs are a means to prevent the possible 
inclusion in the product of an allergen that is not declared on the 
product label. If a LOG is only a general statement, the establishment 
should consider initiating a dialogue with its suppliers to ensure the 
establishment understands ingredient information or to recommend that 
more specific information be included in LOGs. However, these are 
guidelines, and FSIS is not establishing any new requirements.
    Comment: Two trade organizations commented that if the Agency is 
suggesting that testing is the only way to meet the guidelines, the 
guidelines are regulatory requirements that should follow proper 
rulemaking procedures. The commenters stated that examples of cleaning 
controls and procedures of sanitation verification should be provided 
in the guidelines. They also recommended that testing ingredients 
should only be done in cooperation and knowledge of the supplier to 
ensure that related product is properly held.
    Response: Because some FSIS-regulated establishments conduct 
testing for allergens in their products, page 12 of the guidelines 
includes information about the test kits and the use of reference 
laboratories. As stated in the guidelines, allergen testing may be 
considered to verify and document sanitation effectiveness. As also 
noted in the guidelines, testing is not the only way to demonstrate 
that allergens are not presented on a production line, on equipment, or 
in product, Section 2.2 specifically addresses sanitation. Therefore, 
testing is not required, and the guidelines do not represent regulatory 
requirements.
    When establishments conduct allergen testing of ingredients, FSIS 
encourages communication with the supplier. Also, FSIS recommends that 
establishments hold or control product tested for allergens until they 
receive results, although doing so is not required. Establishments 
should design their food safety system within their available resources 
to take all necessary and practical steps to ensure that only safe 
product enters commerce.
    Comment: Two trade organizations commented that proper labeling and 
packaging of products constitutes product separation. They stated that 
recommending unrealistic definitions of separation would be an 
unwarranted expense that would not effectively correct the cause of 
allergen recalls.
    Response: Properly labeling and packaging products is essential and 
required by FSIS regulations and authorizing statues. As an additional 
preventive measure, as stated in the guidance, establishments should 
consider whether the identification and separation of products would 
effectively prevent employees from selecting the wrong ingredient 
during formulation, the wrong label, or the wrong product.
    Comment: Two trade organizations commented that the compliance 
guideline establishes regulatory requirements. They recommended that 
the document more clearly state that the practices in the compliance 
guidelines are neither regulatory requirements nor the only way to 
control and prevent undeclared allergens in the production process.
    Response: The compliance guidelines are intended to inform industry 
about effective and innovative methods to address the problem of 
undeclared allergens and ingredients of public health concern. The 
document does not establish any new requirements that industry must 
follow, but rather it is intended to assist establishments in meeting 
the existing FSIS labeling and HACCP regulations.
    The compliance guidelines provide recommendations, not 
requirements, to establishments for identifying hazards when conducting 
a hazard analysis and for preventing and controlling hazards with 
respect to allergens and other ingredients of public health concern 
through the implementation of HACCP plans, sanitation SOPs, or other 
prerequisite programs. The guidelines were edited to clarify that the 
document consists of recommendations, not requirements.

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.

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

    [email protected]
    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).

    Done, at Washington, DC, on: November 9, 2015.
Alfred V. Almanza,
Acting Administrator.
 [FR Doc. 2015-28935 Filed 11-13-15; 8:45 am]
BILLING CODE 3410-DM-P



                                                                                                                                                                                               70747

                                              Notices                                                                                                       Federal Register
                                                                                                                                                            Vol. 80, No. 220

                                                                                                                                                            Monday, November 16, 2015



                                              This section of the FEDERAL REGISTER                    Background                                            references. In response to the comments
                                              contains documents other than rules or
                                                                                                         On April 21, 2014, FSIS published a                discussed below, FSIS updated the
                                              proposed rules that are applicable to the                                                                     guidelines by:
                                              public. Notices of hearings and investigations,         Federal Register notice (79 FR 22083)
                                              committee meetings, agency decisions and                announcing the availability of and                       • Clarifying, on pages 2 and 4, that the
                                              rulings, delegations of authority, filing of            opportunity to comment on Agency                      focus of the document is on FSIS-
                                              petitions and applications and agency                   guidance on allergens and other                       regulated establishments, state-regulated
                                              statements of organization and functions are            ingredients of public health concern.                 establishments, and operations where
                                              examples of documents appearing in this                 FSIS explained that in recent years                   all or part of the premises meet the
                                              section.                                                (2008-2012), there had been a sustained               ‘‘food processing plant’’ definition, as
                                                                                                      increase in the number of recalls of                  defined in the Food and Drug
                                                                                                      FSIS-regulated product that contained                 Administration’s (FDA) ‘‘2013 Food
                                              DEPARTMENT OF AGRICULTURE                               undeclared allergens, and that these                  Code’’;
                                                                                                      recalls were preventable as many had                     • clarifying, in Section 1.2, page 5,
                                              Food Safety and Inspection Service
                                                                                                      been the result of ingredient changes,                that sulfur-based preservatives (sulfites),
                                              [Docket Number FSIS–2013–0029]                          product changes, products in the wrong                lactose, FD&C Yellow 5 (Tartrazine),
                                                                                                      package, or products with misprinted                  gluten, and monosodium glutamate
                                              RIN 0583–AD39                                           labels. The Agency also explained that                (MSG) are ingredients of concern that
                                                                                                      the consumption of meat and poultry                   may result in adverse reactions in
                                              Availability of FSIS Compliance                         products containing ingredients of
                                              Guidelines for Allergens and                                                                                  certain susceptible individuals, yet they
                                                                                                      public health concern, such as                        are not considered allergens;
                                              Ingredients of Public Health Concern:                   undeclared allergens, may result in
                                              Identification, Prevention and Control,                                                                          • revising the ‘‘What is a letter of
                                                                                                      adverse health outcomes for certain
                                              and Declaration Through Labeling                                                                              guarantee (LOG)?’’ box on page 8, and
                                                                                                      individuals.
                                                                                                         The Agency explained that it was                   adding a paragraph on page 9 to clarify
                                              AGENCY:  Food Safety and Inspection                                                                           and describe a LOG, the difference
                                              Service, USDA.                                          issuing the guidelines to provide meat
                                                                                                      and poultry establishments with                       between a LOG and a Certificate of
                                              ACTION: Notice of availability.                                                                               Analysis (COA), and the communication
                                                                                                      recommendations on how to identify
                                                                                                      hazards with respect to allergens and                 and coordination between an
                                              SUMMARY:   The Food Safety and
                                                                                                      other ingredients of public health                    establishment and its suppliers that
                                              Inspection Service (FSIS) is announcing
                                                                                                      concern when conducting their hazard                  FSIS recommends when an
                                              the availability of an updated version of
                                                                                                      analysis, how to prevent and control                  establishment relies on LOGs;
                                              the Agency’s compliance guidelines for
                                              controlling hazards posed by allergens                  these hazards through HACCP plans,                       • adding ‘‘Allergenic Ingredients and
                                              and other ingredients of public health                  Sanitation SOPs, or other prerequisite                Foods,’’ a listing of allergenic
                                              concern. The guidelines provide                         programs, and how to properly declare                 ingredients and foods that may contain
                                              recommendations for identifying                         allergens in product. The guidelines                  allergenic ingredients, as a resource
                                              hazards when conducting a hazard                        also provided information on proper                   (Appendix 6);
                                              analysis and for preventing and                         procedures for processing, handling,                     • adding ‘‘Tips for Avoiding Your
                                              controlling hazards through a hazard                    storing, and labeling a product with an               Allergen,’’ published by Food Allergy
                                              analysis and critical control point                     allergenic ingredient or ingredient of                Research and Education (FARE) to the
                                              (HACCP) plan or Sanitation standard                     public health concern.                                ‘‘References and Resources’’ section
                                              operating procedures (SOPs) or other                       In addition, the Agency explained                  (Appendix 7); and
                                              prerequisite programs with respect to                   that the guidelines represent the best
                                                                                                      practice recommendations of FSIS,                        • adding FSIS Directive 8080.1,
                                              these substances.                                                                                             ‘‘Recall of Meat and Poultry Products,’’
                                              ADDRESSES: A downloadable version of
                                                                                                      based on scientific and practical
                                                                                                      considerations, and that the                          to the ’’References and Resources’’
                                              the revised compliance guide is                                                                               section (Appendix 7).
                                              available to view and print at [http://                 recommendations are not requirements.
                                                                                                      FSIS said that by following the                          In addition, in Section 2.1, FSIS
                                              www.fsis.usda.gov/wps/wcm/connect/                                                                            edited the text to emphasize the purpose
                                              f9cbb0e9-6b4d-4132-ae27-                                guidelines, establishments would be
                                                                                                      likely to ensure that product labels                  of a hazard analysis and a hazard
                                              53e0b52e840e/Allergens-                                                                                       identification. Under Section 2.3, FSIS
                                              Ingredients.pdf?MOD=AJPERES]. No                        declare all ingredients, as required in
                                                                                                      the regulations, and that the product                 edited the third paragraph to delete that
                                              hard copies of the compliance                                                                                 an establishment include storage in its
                                              guidelines have been published.                         would not contain undeclared allergens
                                                                                                      or other undeclared ingredients. FSIS                 HACCP system because that guidance is
                                              FOR FURTHER INFORMATION CONTACT: For                    recommended that establishments                       included in the first paragraph of this
                                              further information contact Daniel                      consider incorporating the guidelines in              section. Also, in Section 2.3, FSIS added
                                              Engeljohn, Assistant Administrator,
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      their HACCP plan or Sanitation SOPs or                the recommendation that an
                                              Office of Policy and Program                            other prerequisite programs.                          establishment conduct simulations with
                                              Development, FSIS, U.S. Department of                      Updated Guidelines:                                inaccurate product labels to test system,
                                              Agriculture, 1400 Independence Avenue                      FSIS has updated the guidelines to                 checklists, and procedures as a step to
                                              SW., Washington, DC 20250–3700, (202)                   include numbered appendices for                       prevent mislabeling during packing,
                                              205–0495.                                               diagrams, checklists, and supplemental                labeling, and storage of the final
                                              SUPPLEMENTARY INFORMATION:                              information to simplify locating these                product.


                                         VerDate Sep<11>2014   19:47 Nov 13, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                              70748                      Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices

                                              Comments and Responses                                  industry is aware of the                              ingredients of concern. As discussed
                                                 FSIS received a total of seven                       recommendations in the compliance                     above, FSIS has modified the list of
                                              comments in response to the April 2014                  guide, FSIS provide outreach to the                   ingredients in Section 1.2 to clarify that
                                              Federal Register notice and guidelines.                 meat and poultry industry.                            sulfur-based preservatives (sulfites),
                                                                                                         Response: FSIS intends to provide                  lactose, FD&C Yellow 5 (Tartrazine),
                                              The commenters included consumer
                                                                                                      outreach to the meat and poultry                      gluten, and monosodium glutamate
                                              and trade organizations, individuals,
                                                                                                      industry on the compliance guidelines                 (MSG) are ingredients of concern that
                                              and a professional organization. The
                                                                                                      by conducting web-based (webinar)                     may cause adverse reactions in certain
                                              comments and the Agency’s responses
                                                                                                      sessions for industry and announcing he               susceptible individuals. However, FSIS
                                              are discussed below.
                                                                                                      compliance guide recommendations on                   has not established a list of all
                                                 Comment: A professional organization
                                                                                                      the FSIS Small Plant News Web page at                 ingredients to which consumers have
                                              recommended that FSIS modify the
                                                                                                      http://www.fsis.usda.gov/wps/portal/                  reported adverse reactions.
                                              introductory sections of the document
                                                                                                      fsis/newsroom/meetings/newsletters/                   Establishments are required to be aware
                                              to clarify that the compliance guidelines
                                                                                                      small-plant-news/small-plant-news.                    of the ingredients they are using in the
                                              were developed for a processing setting.                   Comment: One commenter requested                   production of their products and to
                                                 Response: FSIS has modified the                      that FSIS require the listing of all spices           determine whether the ingredients may
                                              introductory sections of the guidelines                 by name on product labels. The                        trigger food sensitivities. They need to
                                              to clarify that the emphasis of the                     commenter stated that spice allergies are             employ the necessary in-plant controls
                                              document is on FSIS-regulated                           significant health concerns and that                  to prevent cross-contact and assure
                                              establishments, state-regulated                         food labels need to specifically list all             accurate label declarations.
                                              establishments, and operations where                    spices in the product. The commenter                     In addition, FSIS Directive 8080.1,
                                              all or part of the premises meet the food               was specifically concerned with the                   ‘‘Recall of Meat and Poultry Products,’’
                                              processing plant definition as defined in               labeling of garlic.                                   lists factors considered by the FSIS
                                              the FDA ‘‘2013 Food Code,’’ available                      Response: The Federal Meat                         Recall Committee when evaluating the
                                              online at (http://www.fda.gov/                          Inspection Act (FMIA) and the Poultry                 public health significance of an
                                              downloads/Food/GuidanceRegulation/                      Products Inspection Act (PPIA) require                undeclared ingredient in a meat or
                                              RetailFoodProtection/FoodCode/                          the listing of the common or usual name               poultry product. The directive lists the
                                              UCM374510.pdf).                                         of ingredients on product labels, except              questions and other factors that the
                                                 Comment: An individual commented                     that spices and flavorings may be                     Agency considers. Although the
                                              that Attachment 3 to FSIS Notice 29–13,                 designated as ‘‘spices’’ and ‘‘flavorings,’’          Directive provides instructions to FSIS
                                              ‘‘Allergenic Ingredients and Foods,’’ is                without naming each ingredient.                       personnel, the questions that the FSIS
                                              very useful, especially to very small                   Therefore, FSIS does not have the legal               recall committee considers will be
                                              meat and poultry establishments,                        authority to require the listing of each              helpful to industry also. Therefore, the
                                              including those that are dual                           spice or flavoring. The term ‘‘spice’’ is             Directive has been added to the
                                              jurisdiction processing establishments,                 defined in the FSIS labeling regulations              ‘‘References and Resources’’ section
                                              and that it should be included in the                   (9 CFR 317.2(f)(1)(i)(A) and                          (Appendix 7).
                                              compliance guidelines.                                  381.118(c)(1)) to mean any aromatic                      Comment: A trade organization
                                                 Response: The attachment, entitled,                  vegetable substance in the whole,                     recommended that the list of undeclared
                                              ‘‘Allergenic Ingredients and Foods,’’ is                broken or ground form, with the                       allergen recalls include the corrective
                                              based on ‘‘Tips for Avoiding Your                       exceptions of onions, garlic and celery,              actions taken to ensure that allergens
                                              Allergen,’’ published by Food Allergy                   whose primary function in food is                     appear on the label.
                                              Research and Education (FARE). FSIS                     seasoning rather than nutritional, and                   Response: FSIS agrees that providing
                                              Notice 29–13 was issued in April 2013                   from which no portion of any volatile                 undeclared allergen corrective action
                                              and is now expired. FSIS agrees that the                oil or other flavoring principle has been             scenarios could be a useful mechanism
                                              attachment provides useful information                  removed. In addition, the terms ‘‘natural             to ensure that allergens appear on the
                                              and has included it in the guidelines as                flavor,’’ ‘‘natural flavoring,’’ ‘‘flavor,’’ or       label. ‘‘Allergen Scenarios and Possible
                                              Appendix 7.                                             ‘‘flavoring’’ may be used to designate                Prevention Measures,’’ Appendix 5 of
                                                 Comment: A consumer group                            spices as well as powdered garlic,                    the compliance guidelines, is based on
                                              recommended clarifying that some of                     powdered onion, or celery powder,                     historical recalls, giving some insight
                                              the ingredients listed under Section 1.2                specifically. If whole or broken garlic is            into the possible preventive measures
                                              are not allergens, and that monosodium                  used in the formulation of the product,               that would have prevented the
                                              glutamate (MSG) should not be included                  it would need to be declared in the list              undeclared allergen.
                                              because research has not confirmed that                 of ingredients.                                          Comment: Two trade organizations
                                              it causes adverse reactions.                               Comment: Two trade organizations                   commented that requiring
                                                 Response: The list of ingredients in                 commented that throughout the                         establishments to review ingredient lists
                                              Section 1.2 has been modified to clarify                guidelines, the focus was on the ‘‘Big                on a continuous basis, especially when
                                              that sulfur-based preservatives (sulfites),             Eight’’ allergens with little discussion of           an establishment has changed suppliers,
                                              lactose, FD&C Yellow 5 (Tartrazine),                    the ingredients of concern that may                   or the supplier has modified the
                                              gluten, and monosodium glutamate                        cause adverse reactions in susceptible                ingredient formula, would create
                                              (MSG) are ingredients that may result in                individuals. The commenters                           unjustified increases in manufacturing
                                              an adverse reaction in certain                          recommended that a list of ingredients                cost. They additionally commented that
                                              susceptible individuals, yet they are not               of public health concern be created in                a review of letters of guarantee should
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                                              considered allergens. FSIS is concerned                 collaboration with the National Institute             not to be confused with certificates of
                                              about all foods or food ingredients that                of Allergy and Infectious Diseases or                 analysis.
                                              may cause adverse health effects.                       similarly informed entity.                               Response: FSIS has edited the ‘‘What
                                              Therefore, MSG remains an ingredient                       Response: FSIS is concerned about all              is a letter of guarantee (LOG)’’ box on
                                              of public health concern.                               foods or food ingredients that may cause              page 8 of the guidelines, as well as the
                                                 Comment: A trade group                               adverse health effects. These include the             description of recommendations on
                                              recommended that, to ensure that                        ‘‘Big Eight’’ ingredients as well as other            page 9 to clarify what are Letters of


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                                                                         Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices                                                 70749

                                              Guarantee. As mentioned above,                          separation would be an unwarranted                    broader, more diverse audience. In
                                              establishments are required to be aware                 expense that would not effectively                    addition, FSIS offers an email
                                              of the ingredients they are using in the                correct the cause of allergen recalls.                subscription service which provides
                                              production of their products and to                        Response: Properly labeling and                    automatic and customized access to
                                              determine whether they have                             packaging products is essential and                   selected food safety news and
                                              considered and employed the necessary                   required by FSIS regulations and                      information. This service is available at:
                                              in-plant controls to prevent cross-                     authorizing statues. As an additional                 http://www.fsis.usda.gov/subscribe.
                                              contact and assure accurate label                       preventive measure, as stated in the                  Options range from recalls to export
                                              declarations. LOGs are a means to                       guidance, establishments should
                                                                                                                                                            information, regulations, directives, and
                                              prevent the possible inclusion in the                   consider whether the identification and
                                                                                                                                                            notices. Customers can add or delete
                                              product of an allergen that is not                      separation of products would effectively
                                                                                                      prevent employees from selecting the                  subscriptions themselves, and have the
                                              declared on the product label. If a LOG
                                              is only a general statement, the                        wrong ingredient during formulation,                  option to password protect their
                                              establishment should consider initiating                the wrong label, or the wrong product.                accounts.
                                              a dialogue with its suppliers to ensure                    Comment: Two trade organizations                   USDA Non-Discrimination Statement
                                              the establishment understands                           commented that the compliance
                                              ingredient information or to recommend                  guideline establishes regulatory                        No agency, officer, or employee of the
                                              that more specific information be                       requirements. They recommended that                   USDA shall, on the grounds of race,
                                              included in LOGs. However, these are                    the document more clearly state that the              color, national origin, religion, sex,
                                              guidelines, and FSIS is not establishing                practices in the compliance guidelines                gender identity, sexual orientation,
                                              any new requirements.                                   are neither regulatory requirements nor               disability, age, marital status, family/
                                                 Comment: Two trade organizations                     the only way to control and prevent                   parental status, income derived from a
                                              commented that if the Agency is                         undeclared allergens in the production                public assistance program, or political
                                              suggesting that testing is the only way                 process.                                              beliefs, exclude from participation in,
                                              to meet the guidelines, the guidelines                     Response: The compliance guidelines
                                                                                                                                                            deny the benefits of, or subject to
                                              are regulatory requirements that should                 are intended to inform industry about
                                                                                                      effective and innovative methods to                   discrimination any person in the United
                                              follow proper rulemaking procedures.
                                                                                                      address the problem of undeclared                     States under any program or activity
                                              The commenters stated that examples of
                                              cleaning controls and procedures of                     allergens and ingredients of public                   conducted by the USDA.
                                              sanitation verification should be                       health concern. The document does not                 How To File a Complaint of
                                              provided in the guidelines. They also                   establish any new requirements that                   Discrimination
                                              recommended that testing ingredients                    industry must follow, but rather it is
                                              should only be done in cooperation and                  intended to assist establishments in                    To file a complaint of discrimination,
                                              knowledge of the supplier to ensure that                meeting the existing FSIS labeling and                complete the USDA Program
                                              related product is properly held.                       HACCP regulations.                                    Discrimination Complaint Form, which
                                                 Response: Because some FSIS-                            The compliance guidelines provide                  may be accessed online at http://
                                              regulated establishments conduct                        recommendations, not requirements, to                 www.ocio.usda.gov/sites/default/files/
                                              testing for allergens in their products,                establishments for identifying hazards                docs/2012/Complain_combined_6_8_
                                              page 12 of the guidelines includes                      when conducting a hazard analysis and                 12.pdf, or write a letter signed by you
                                              information about the test kits and the                 for preventing and controlling hazards                or your authorized representative.
                                              use of reference laboratories. As stated                with respect to allergens and other
                                              in the guidelines, allergen testing may                 ingredients of public health concern                    Send your completed complaint form
                                              be considered to verify and document                    through the implementation of HACCP                   or letter to USDA by mail, fax, or email:
                                              sanitation effectiveness. As also noted                 plans, sanitation SOPs, or other                      Mail
                                              in the guidelines, testing is not the only              prerequisite programs. The guidelines
                                              way to demonstrate that allergens are                   were edited to clarify that the document                U.S. Department of Agriculture,
                                              not presented on a production line, on                  consists of recommendations, not                      Director, Office of Adjudication, 1400
                                              equipment, or in product, Section 2.2                   requirements.                                         Independence Avenue SW.,
                                              specifically addresses sanitation.                                                                            Washington, DC 20250–9410.
                                              Therefore, testing is not required, and                 Additional Public Notification
                                              the guidelines do not represent                            Public awareness of all segments of                Fax
                                              regulatory requirements.                                rulemaking and policy development is
                                                 When establishments conduct                          important. Consequently, FSIS will                      (202) 690–7442
                                              allergen testing of ingredients, FSIS                   announce this Federal Register                        Email
                                              encourages communication with the                       publication on-line through the FSIS
                                              supplier. Also, FSIS recommends that                    Web page located at: http://                             program.intake@usda.gov
                                              establishments hold or control product                  www.fsis.usda.gov/federal-register.                      Persons with disabilities who require
                                              tested for allergens until they receive                    FSIS also will make copies of this                 alternative means for communication
                                              results, although doing so is not                       publication available through the FSIS                (Braille, large print, audiotape, etc.),
                                              required. Establishments should design                  Constituent Update, which is used to
                                                                                                                                                            should contact USDA’s TARGET Center
                                              their food safety system within their                   provide information regarding FSIS
                                                                                                                                                            at (202) 720–2600 (voice and TDD).
                                              available resources to take all necessary               policies, procedures, regulations,
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                                              and practical steps to ensure that only                 Federal Register notices, FSIS public                   Done, at Washington, DC, on: November 9,
                                              safe product enters commerce.                           meetings, and other types of information              2015.
                                                 Comment: Two trade organizations                     that could affect or would be of interest             Alfred V. Almanza,
                                              commented that proper labeling and                      to our constituents and stakeholders.                 Acting Administrator.
                                              packaging of products constitutes                       The Update is available on the FSIS                   [FR Doc. 2015–28935 Filed 11–13–15; 8:45 am]
                                              product separation. They stated that                    Web page. Through the Web page, FSIS
                                                                                                                                                            BILLING CODE 3410–DM–P
                                              recommending unrealistic definitions of                 is able to provide information to a much


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Document Created: 2015-12-14 14:13:16
Document Modified: 2015-12-14 14:13:16
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.
ContactFor further information contact Daniel Engeljohn, Assistant Administrator, Office of Policy and Program Development, FSIS, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-3700, (202) 205-0495.
FR Citation80 FR 70747 
RIN Number0583-AD39

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