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)

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, 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