81 FR 1386 - Withdrawal of United States Standards for Livestock and Meat Marketing Claims

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range		1386-1387
FR Document		2016-00440

This Notice informs the public that the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) is withdrawing the U.S. Standards for Livestock and Meat Marketing Claims. Specifically, AMS is withdrawing: (1) The Grass (Forage) Fed Claim for Ruminant Livestock and the Meat Products Derived from Such Livestock (Grass (Forage) Fed Marketing Claim Standard); and (2) the Naturally Raised Claim for Livestock and the Meat and Meat Products Derived From Such Livestock (Naturally Raised Marketing Claim Standard).

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)

[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1386-1387]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00440]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-LPS-15-0029]


Withdrawal of United States Standards for Livestock and Meat 
Marketing Claims

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of withdrawal.

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[[Page 1387]]

SUMMARY: This Notice informs the public that the Agricultural Marketing 
Service (AMS) of the U.S. Department of Agriculture (USDA) is 
withdrawing the U.S. Standards for Livestock and Meat Marketing Claims. 
Specifically, AMS is withdrawing: (1) The Grass (Forage) Fed Claim for 
Ruminant Livestock and the Meat Products Derived from Such Livestock 
(Grass (Forage) Fed Marketing Claim Standard); and (2) the Naturally 
Raised Claim for Livestock and the Meat and Meat Products Derived From 
Such Livestock (Naturally Raised Marketing Claim Standard).

DATES: Effective Date: January 12, 2016.

FOR FURTHER INFORMATION CONTACT: David Bowden, Jr. Chief, 
Standardization Branch, Quality Assessment Division; Livestock, 
Poultry, and Seed Program; Agricultural Marketing Service, USDA, Room 
2096-S, STOP 0249, 1400 Independence Avenue SW.; Washington, DC 20250-
0249, [email protected], 202/720-5705.

SUPPLEMENTARY INFORMATION:

Background

    Section 203(c) of the Agricultural Marketing Act of 1946, (7 U.S.C. 
1621-1627), directs and authorizes the Secretary of Agriculture ``to 
develop and improve standards of quality, condition, quantity, grade, 
and packaging, and recommend and demonstrate such standards in order to 
encourage uniformity and consistency in commercial practices.'' USDA is 
committed to carrying out this authority in a manner that facilitates 
the marketing of agricultural products. One way AMS achieves this 
objective is through the development and maintenance of voluntary 
standards.
    The U.S. Standards for Livestock and Meat Marketing Claims were 
initiated through a Federal Register Notice (67 FR 79553) published on 
December 30, 2002. The Notice was published as a result of increasing 
demand from the livestock and meat industries wishing to distinguish 
their products in the marketplace. The Notice proposed minimum 
requirements for livestock and meat industry production/marketing 
claims that, when adopted, would become the U.S. Standards for 
Livestock and Meat Marketing Claims. As a means of increasing the 
credibility of the production/marketing claims, AMS provides the 
industries with an option to have their production/marketing claims 
verified using voluntary USDA-Certified or USDA-Verified programs in 
accordance with procedures contained in Part 62 of Title 7 of the Code 
of Federal Regulations (7 CFR part 62). Consequently, the Grass 
(Forage) Fed Marketing Claim Standard was published on October 16, 2007 
(72 FR 58631), and the Naturally Raised Marketing Claim Standard was 
published on January 21, 2009 (74 FR 3541).

Questions & Answers

Why is AMS withdrawing the U.S. Standards for Livestock and Meat 
Marketing Claims?

    AMS continually reviews the services it provides. During the course 
of this review, AMS has determined that certain services do not fit 
within the Agency's statutory mandate to facilitate the marketing of 
U.S. agricultural products. One such issue that has risen is the use of 
the U.S. Standards for Livestock and Meat Marketing Claims, which AMS 
believes does not facilitate the marketing of agricultural products in 
a manner that is useful to stakeholders or consumers. When AMS verifies 
a production/marketing claim, a company often seeks to market the USDA-
verified production/marketing claim on a food product label. However, 
the company must receive pre-approval from the USDA Food Safety and 
Inspection Service (FSIS) or meet the Food and Drug Administration 
(FDA) labeling requirements. These agencies regulate food labels for 
the vast majority of agricultural commodities produced in the U.S. and 
ensure the labels are truthful and not misleading. The authority over 
production/marketing claim verification and food labeling approval 
presents challenges to companies wishing to market USDA-verified 
production/marketing claims on food labels, because there is no 
guarantee that an USDA-verified production/marketing claim will be 
approved by FSIS or FDA.
    Additionally, AMS seeks to adhere to the requirements outlined in 
the Office of Management and Budget (OMB) Circular A-119 and The 
National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-
113 or NTTAA), http://www.nist.gov/standardsgov/. The OMB Circular A-
119 establishes policies on Federal use and development of voluntary 
consensus standards and on conformity assessment activities. The NTTAA 
directs Federal agencies to use technical standards that are developed 
or adopted by voluntary consensus standards bodies, using such 
technical standards as a means to carry out policy objectives or 
activities determined by the agencies and departments, except where 
inconsistent with applicable law or impractical. Going forward, in the 
absence of a Congressional mandate to develop and maintain a marketing 
claim standard, such as AMS does for organic products and Country of 
Origin Labeling, AMS will collaborate with standards development 
organizations (SDO) to establish marketing claims standards. The 
International Tenderness Marketing Claims, which are eligible to 
receive USDA Certification, are an example of the type of collaboration 
between AMS and ASTM International, formerly known as American Society 
for Testing and Materials, a SDO.
    Therefore, AMS acknowledges that the U.S. Standards for Livestock 
and Meat Marketing Claims do not always help facilitate the marketing 
of agricultural products and will develop and maintain U.S. Standards 
for Livestock and Meat Marketing Claims when there is a statutory 
mandate to do so.

What does this mean for current users of the USDA Grass (Forage) Fed 
Marketing Claim Standard?

    Current users of the USDA Grass (Forage) Fed Marketing Claim 
Standard have several options. USDA ISO Guide 65/ISO/IEC 17065 and USDA 
Process Verified Program applicants must identify a new Grass-fed 
Standard their company intends to meet by February 11, 2016 and must 
implement the new standard by April 11, 2016. This may be accomplished 
by (1) converting the USDA Grass (Forage) Fed Marketing Claim Standard 
into their private grass-fed standard, (2) using another recognized 
grass-fed standard, or (3) developing a new grass-fed standard. For the 
Small and Very Small Producer Program, applicants will see minimal 
change, as the requirements will be included in a procedural document.
    AMS will list each company and the grass-fed standard it uses on 
the appropriate Official Listing.

What does this mean for current users of the USDA Naturally Raised 
Marketing Claim Standard?

    There are no current users of the USDA Naturally Raised Marketing 
Claim Standard and therefore, there is no impact.

    Dated: January 7, 2016.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-00440 Filed 1-11-16; 8:45 am]
BILLING CODE 3410-02-P

1386

Notices Federal Register
Vol. 81, No. 7

Tuesday, January 12, 2016

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: term midget.’’ Five grade standards
contains documents other than rules or Contact Lindsay H. Mitchell at the contain the term ‘‘midget’’: U.S.
proposed rules that are applicable to the address above, or by phone (540) 361– Standards for Grades of Canned Lima
public. Notices of hearings and investigations, 1120; fax (540) 361–1199; or, email Beans, U.S. Standards for Grades of
committee meetings, agency decisions and lindsay.mitchell@ams.usda.gov. Copies Canned Mushrooms, U.S. Standards for
rulings, delegations of authority, filing of
petitions and applications and agency
of the proposed U.S. Standards for Grades of Pickles, U.S. Standards for
statements of organization and functions are Grades of Shelled Pecans and the U.S. Grades of Processed Raisins, and U.S.
examples of documents appearing in this Standards for Grades of Pecans in the Standards for Grades of Shelled Pecans.
section. Shell are available on the Internet at The standards for canned lima beans,
http://www.regulations.gov. Copies of canned mushrooms, pickles, and
the current U.S. Standards for Grades of processed raisins will be covered in a
DEPARTMENT OF AGRICULTURE Shelled Pecans and the U.S. Standards separate notice and rule due to
for Grades of Pecans in the Shell are additional changes being made to those
Agricultural Marketing Service available from the Specialty Crops specific standards.
[Document Number AMS–FV–14–0101, FV–
Inspection Division Web site at http:// Prior to developing the proposed
15–331] www.ams.usda.gov/grades-standards/ revisions to the pecan grade standards,
nuts. AMS solicited comments and
United States Standards for Grades of SUPPLEMENTARY INFORMATION: Section suggestions about the standards from
Pecans 203(c) (7 U.S.C. 1622(c)) of the the National Pecan Shellers Association
Agricultural Marketing Act of 1946 (7 (NPSA). The NPSA recommended
AGENCY: Agricultural Marketing Service, replacing the term ‘‘midget’’ with ‘‘extra
USDA. U.S.C. 1621–1627) as amended, directs
and authorizes the Secretary of small.’’
ACTION: Notice. AMS is proposing to address the use
Agriculture ‘‘to develop and improve
standards of quality, condition, of ‘‘midget’’ in the Shelled Pecan
SUMMARY: The Agricultural Marketing standards by replacing the term with
Service (AMS) of the Department of quantity, grade, and packaging, and
recommend and demonstrate such ‘‘extra small’’ everywhere that it
Agriculture (USDA) proposes to revise appears. AMS also is proposing to
the United States Standards for Grades standards in order to encourage
uniformity and consistency in remove the paragraph from both the
of Shelled Pecans and the United States Shelled and In Shell standards that
Standards for Grades of Pecans in the commercial practices.’’
AMS is committed to carrying out this reference plastic models that are no
Shell. AMS is proposing to replace the longer produced, (§ 51.1436(b) and
term ‘‘midget’’ with ‘‘extra small’’ in the authority in a manner that facilitates the
marketing of agricultural commodities § 51.1403(b), respectively), and make
Shelled Pecan standards. AMS is also minor editorial changes.
proposing to remove from both and makes copies of official standards
available upon request. The U.S. The proposed revisions would
standards references to plastic models of
Standards for Grades of Fruits and modernize the language in the grade
pecan kernels, and information on
Vegetables that no longer appear in the standards. This notice provides a 60-day
where the color standards may be
Code of Federal Regulations are period for interested parties to comment
examined. These changes would
maintained by USDA, AMS, Specialty on the proposed revisions to the
modernize the terminology and
Crops Program at the following Web standards.
information in the standards.
site: http://www.ams.usda.gov/grades- Authority: 7 U.S.C. 1621–1627.
DATES: Comments must be submitted on
standards. AMS is proposing revisions
or before March 14, 2016. Dated: January 7, 2016.
to these U.S. Standards for Grades using
ADDRESSES: Interested persons are Rex A. Barnes,
the procedures in part 36 of Title 7 of
invited to submit written comments to the Code of Federal Regulations (7 CFR Associate Administrator, Agricultural
the Standardization Branch, Specialty Marketing Service.
part 36).
Crops Inspection Division, Specialty [FR Doc. 2016–00439 Filed 1–11–16; 8:45 am]
Crops Program, Agricultural Marketing Background BILLING CODE 3410–02–P
Service, U.S. Department of Agriculture, AMS is reviewing fruit and vegetable
National Training and Development grade standards to assess their
Center, Riverside Business Park, 100 effectiveness for the industry and to DEPARTMENT OF AGRICULTURE
Riverside Parkway, Suite 101, modernize language. In addition, on
Fredericksburg, VA 22406; fax: (540) May 13, 2013, AMS received a petition Agricultural Marketing Service
361–1199, or on the Web at: from the Little People of America that
www.regulations.gov. Comments should stated that the group is ‘‘trying to raise [Doc. No. AMS–LPS–15–0029]
reference the dates and page number of awareness around and eliminate the use
Withdrawal of United States Standards
tkelley on DSK3SPTVN1PROD with NOTICES

this issue of the Federal Register, and of the word midget.’’ The petition
will be made available for public further stated that, ‘‘Though the use of for Livestock and Meat Marketing
inspection in the above office during the word midget by the USDA when Claims
regular business hours. Comments can classifying certain food products is AGENCY: Agricultural Marketing Service,
also be viewed as submitted, including benign, Little People of America, and USDA.
any personal information you provide, the dwarfism community, hopes that the
ACTION: Notice of withdrawal.
on the www.regulations.gov Web site. USDA would consider phasing out the

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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 1387

SUMMARY: This Notice informs the CFR part 62). Consequently, the Grass absence of a Congressional mandate to
public that the Agricultural Marketing (Forage) Fed Marketing Claim Standard develop and maintain a marketing claim
Service (AMS) of the U.S. Department of was published on October 16, 2007 (72 standard, such as AMS does for organic
Agriculture (USDA) is withdrawing the FR 58631), and the Naturally Raised products and Country of Origin
U.S. Standards for Livestock and Meat Marketing Claim Standard was Labeling, AMS will collaborate with
Marketing Claims. Specifically, AMS is published on January 21, 2009 (74 FR standards development organizations
withdrawing: (1) The Grass (Forage) Fed 3541). (SDO) to establish marketing claims
Claim for Ruminant Livestock and the standards. The International Tenderness
Questions & Answers
Meat Products Derived from Such Marketing Claims, which are eligible to
Livestock (Grass (Forage) Fed Marketing Why is AMS withdrawing the U.S. receive USDA Certification, are an
Claim Standard); and (2) the Naturally Standards for Livestock and Meat example of the type of collaboration
Raised Claim for Livestock and the Meat Marketing Claims?
between AMS and ASTM International,
and Meat Products Derived From Such AMS continually reviews the services formerly known as American Society for
Livestock (Naturally Raised Marketing it provides. During the course of this Testing and Materials, a SDO.
Claim Standard). review, AMS has determined that
DATES: Effective Date: January 12, 2016. certain services do not fit within the Therefore, AMS acknowledges that
FOR FURTHER INFORMATION CONTACT: Agency’s statutory mandate to facilitate the U.S. Standards for Livestock and
David Bowden, Jr. Chief, the marketing of U.S. agricultural Meat Marketing Claims do not always
Standardization Branch, Quality products. One such issue that has risen help facilitate the marketing of
Assessment Division; Livestock, is the use of the U.S. Standards for agricultural products and will develop
Poultry, and Seed Program; Agricultural Livestock and Meat Marketing Claims, and maintain U.S. Standards for
Marketing Service, USDA, Room which AMS believes does not facilitate Livestock and Meat Marketing Claims
2096–S, STOP 0249, 1400 Independence the marketing of agricultural products in when there is a statutory mandate to do
Avenue SW.; Washington, DC 20250– a manner that is useful to stakeholders so.
0249, david.bowden@ams.usda.gov, or consumers. When AMS verifies a
What does this mean for current users
202/720–5705. production/marketing claim, a company
of the USDA Grass (Forage) Fed
SUPPLEMENTARY INFORMATION: often seeks to market the USDA-verified
Marketing Claim Standard?
production/marketing claim on a food
Background product label. However, the company Current users of the USDA Grass
Section 203(c) of the Agricultural must receive pre-approval from the (Forage) Fed Marketing Claim Standard
Marketing Act of 1946, (7 U.S.C. 1621– USDA Food Safety and Inspection have several options. USDA ISO Guide
1627), directs and authorizes the Service (FSIS) or meet the Food and 65/ISO/IEC 17065 and USDA Process
Secretary of Agriculture ‘‘to develop and Drug Administration (FDA) labeling Verified Program applicants must
improve standards of quality, condition, requirements. These agencies regulate
identify a new Grass-fed Standard their
quantity, grade, and packaging, and food labels for the vast majority of
company intends to meet by February
recommend and demonstrate such agricultural commodities produced in
standards in order to encourage 11, 2016 and must implement the new
the U.S. and ensure the labels are
uniformity and consistency in truthful and not misleading. The standard by April 11, 2016. This may be
commercial practices.’’ USDA is authority over production/marketing accomplished by (1) converting the
committed to carrying out this authority claim verification and food labeling USDA Grass (Forage) Fed Marketing
in a manner that facilitates the approval presents challenges to Claim Standard into their private grass-
marketing of agricultural products. One companies wishing to market USDA- fed standard, (2) using another
way AMS achieves this objective is verified production/marketing claims on recognized grass-fed standard, or (3)
through the development and food labels, because there is no developing a new grass-fed standard.
maintenance of voluntary standards. guarantee that an USDA-verified For the Small and Very Small Producer
The U.S. Standards for Livestock and production/marketing claim will be Program, applicants will see minimal
Meat Marketing Claims were initiated approved by FSIS or FDA. change, as the requirements will be
through a Federal Register Notice (67 Additionally, AMS seeks to adhere to included in a procedural document.
FR 79553) published on December 30, the requirements outlined in the Office AMS will list each company and the
2002. The Notice was published as a of Management and Budget (OMB) grass-fed standard it uses on the
result of increasing demand from the Circular A–119 and The National
appropriate Official Listing.
livestock and meat industries wishing to Technology Transfer and Advancement
distinguish their products in the Act of 1995 (Pub. L. 104–113 or What does this mean for current users
marketplace. The Notice proposed NTTAA), http://www.nist.gov/ of the USDA Naturally Raised
minimum requirements for livestock standardsgov/. The OMB Circular Marketing Claim Standard?
and meat industry production/ A–119 establishes policies on Federal
marketing claims that, when adopted, use and development of voluntary There are no current users of the
would become the U.S. Standards for consensus standards and on conformity USDA Naturally Raised Marketing
Livestock and Meat Marketing Claims. assessment activities. The NTTAA Claim Standard and therefore, there is
As a means of increasing the credibility directs Federal agencies to use technical no impact.
of the production/marketing claims, standards that are developed or adopted Dated: January 7, 2016.
tkelley on DSK3SPTVN1PROD with NOTICES

AMS provides the industries with an by voluntary consensus standards
Rex A. Barnes,
option to have their production/ bodies, using such technical standards
marketing claims verified using as a means to carry out policy objectives Associate Administrator, Agricultural
voluntary USDA-Certified or USDA- or activities determined by the agencies Marketing Service.
Verified programs in accordance with and departments, except where [FR Doc. 2016–00440 Filed 1–11–16; 8:45 am]
procedures contained in Part 62 of Title inconsistent with applicable law or BILLING CODE 3410–02–P
7 of the Code of Federal Regulations (7 impractical. Going forward, in the

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Document Created: 2016-01-12 01:22:51
Document Modified: 2016-01-12 01:22:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of withdrawal.
Contact		David Bowden, Jr. Chief, Standardization Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program; Agricultural Marketing Service, USDA, Room 2096-S, STOP 0249, 1400 Independence Avenue SW.; Washington, DC 20250- 0249, [email protected], 202/720-5705.
FR Citation		81 FR 1386

81 FR 1386 - Withdrawal of United States Standards for Livestock and Meat Marketing Claims

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 81, Issue 7 (January 12, 2016)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service