82 FR 22609 - Changes to the Inspection Coverage in Official Establishments That Slaughter Fish of the Order Siluriformes

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 82, Issue 94 (May 17, 2017)

The Food Safety and Inspection Service (FSIS) is announcing and requesting comment on its plan to adjust inspection coverage at official establishments that slaughter fish of the order Siluriformes, which include catfish, from all hours of operation to once per production shift.

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22609-22611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09993]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 300, 441, 530, 531, 532, 533, 534, 537, 539, 540, 541, 
544, 548, 550, 552, 555, 557, 559, 560, and 561

[Docket No. FSIS-2017-0003]


Changes to the Inspection Coverage in Official Establishments 
That Slaughter Fish of the Order Siluriformes

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notification and request for comments.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
and requesting comment on its plan to adjust inspection coverage at 
official establishments that slaughter fish of the order Siluriformes, 
which include catfish, from all hours of operation to once per 
production shift.

DATES: Submit comments on or before June 16, 2017.

ADDRESSES: FSIS invites interested persons to submit comments relevant 
to adjusting inspection coverage as discussed and outlined in this 
notification. Only comments addressing the scope of this notification 
will be considered.
    Comments may be submitted by one of the following methods:
    Federal eRulemaking Portal: This Web site provides the ability to 
type short comments directly into the comment field on this Web page or 
attach a file for lengthier comments. Go to http://www.regulations.gov/. Follow the online instructions at that site for 
submitting comments.
    Mail, CD-ROMs: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400 
Independence Avenue SW., Mailstop 3782, Room 8-163B, Washington, DC 
20250-3700.
    Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 
355 E Street

[[Page 22610]]

SW., Room 8-163A, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2017-0003. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or to comments received, 
go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 
164-A, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., 
Monday through Friday.

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

SUPPLEMENTARY INFORMATION: 

Background

    On December 2, 2015, FSIS published the final rule, ``Mandatory 
Inspection of Fish of the Order Siluriformes and Products Derived from 
Such Fish,'' which amended its regulations to establish a mandatory 
inspection program for fish of the order Siluriformes (80 FR 75590). 
The final rule established regulations to implement the provisions of 
the 2008 and 2014 Farm Bills, which amended the Federal Meat Inspection 
Act (FMIA) to include all fish of the order Siluriformes as an amenable 
species (21 U.S.C. 601(w)(2)) and provided for their inspection under 
Section 606, ``Inspection and labeling of meat food products'' (21 
U.S.C 606(b)). Fish of the order Siluriformes include, but are not 
limited to, ``catfish'' (fish of the family Ictaluridae) and ``basa'' 
and ``swai'' (fish of the family Pangasiidae). For convenience, this 
notification will use ``fish'' to mean all fish of the order 
Siluriformes.
    The 2008 and 2014 Farm Bills placed the authority for FSIS's 
inspection of fish under Section 606 of the FMIA (21 U.S.C. 606(b)), 
``Inspecting and labeling of meat food products.'' FSIS's longstanding 
and well-known interpretation of Section 606 is that it only requires 
inspection once per production shift. Further, the Farm Bills amended 
the FMIA to add a new Section 625 (21 U.S.C. 625), which explicitly 
excludes fish from the statutory provisions requiring ante-mortem and 
post-mortem inspection and humane methods of slaughter (21 U.S.C. 603, 
604, 605 and 610(b)). These requirements, again, not applicable to 
inspection of fish, can only be implemented through inspection at all 
times when an establishment is conducting slaughter operations. 
Accordingly, FSIS does not believe that Congress intended for FSIS to 
inspect the slaughter or slaughter and processing of fish during all 
hours of an establishment's operations, but instead intended that FSIS 
inspect fish establishments consistent with how FSIS inspects meat and 
poultry processing establishments, at least once per production shift.
    In the final rule discussion of inspection coverage at official 
fish establishments, the Agency stated that upon initial implementation 
of fish inspection on March 1, 2016, although not required by the FMIA, 
it would assign inspection personnel during all hours of operation at 
official establishments that kill live fish and at least quarterly at 
processing-only establishments (80 FR 75606). This level of inspection 
coverage was intended to provide an orderly transition from the FDA 
regulatory model to the FSIS inspection model and to assist official 
fish establishments in bringing their operations into full compliance 
with the new regulations. Providing inspection coverage during all 
hours of operation at official fish slaughter establishments also 
assisted the Agency in gaining experience and insight into commercial 
fish production in the United States, from the receiving of live fish 
to the fabrication of fish products.
    The Agency provided for an 18-month transitional period, from March 
1, 2016, until September 1, 2017, during which it is exercising broad 
enforcement discretion and taking enforcement actions when 
establishments produce adulterated or misbranded product, or when there 
is intimidation of or interference with FSIS personnel. In the final 
rule, FSIS stated that, based on its findings during and after the 18-
month transitional period, it may adjust inspection frequency in 
official fish slaughter establishments in the future, meaning that 
although inspection would be provided when an establishment is 
operational, it may not be during all hours of operation (80 FR 75606). 
The Agency also stated that it would establish the criteria it would 
follow in determining how inspection would be adjusted and make these 
criteria available to the public. In addition, the Agency stated that, 
at the end of the 18-month transitional period, inspection program 
personnel would be assigned at least once per day per shift at 
processing-only establishments.
    FSIS is announcing that it has decided to adjust its inspection 
coverage at official fish slaughter establishments, starting September 
1, 2017, the date of full enforcement of the regulatory requirements 
for fish, from all hours of operation to once per production shift. As 
discussed below, this decision is based on the Agency's experience 
inspecting fish slaughter establishments since implementing the 
mandatory inspection program on March 1, 2016. As discussed in the 
final rule, on September 1, 2017, inspection program personnel will be 
assigned at least once per day per shift at processing-only 
establishments (80 FR 75607).

Fish Slaughter Establishment Operations

    At this time, there are 16 official fish slaughter establishments 
that receive inspection during all hours of operation. All of these 
establishments receive live fish that are subsequently slaughtered and 
further processed. The FSIS definition of ``slaughter,'' with respect 
to fish, is the ``intentional killing under controlled conditions'' (9 
CFR 531.1)). ``Further processing'' is defined as ``smoking, cooking, 
canning, curing, refining, or rendering,'' (9 CFR 531.1) and includes 
processes such as cutting and packaging. FSIS defined the terms 
``slaughter'' and ``further processing,'' for fish based on the 
inspection operations of other FMIA amenable species, e.g., cattle and 
swine, and its adaptation of the meat regulations.
    From FSIS's inspection experience in these fish slaughter 
establishments, the fish are raised either contiguous to the 
establishment, or in close proximity, and are transported to the 
facility in aerated live haul trucks. The live fish are unloaded, 
drained, and weighed before being moved to holding vats or carried by 
conveyor to an electrical stunner. The fish are sorted by size or 
weight, with the fish that are processed typically weighing less than 
two pounds each. Dead and diseased fish and undesirable species are 
sorted manually prior to processing. The deheading, eviscerating, 
filleting, and skinning operations are typically automated, and the 
process flows quickly and seamlessly on conveyor belts. When the 
operations are manual, the size and immobility of the fish allow the 
process to move quickly. Thus, the typical farm-raised fish slaughter 
operation is a streamlined, automated process that combines slaughter 
with processing in the same continuous operation. As such, fish 
slaughter operations are more closely aligned with meat processing-only 
operations, as opposed to meat slaughter operations.
    FDA's definition of fish processing combines the slaughter and 
processing

[[Page 22611]]

steps, ``Processing means, with respect to fish or fishery products: 
Handling, storing, preparing, heading, eviscerating, shucking, 
freezing, changing into different market forms, manufacturing, 
preserving, packing, labeling, dockside unloading, or holding'' (21 CFR 
123.3(k)(1)). This definition accurately describes FSIS's observations 
and experience in fish slaughter establishments, i.e., a continuous 
slaughter and processing system. In addition, the fish industry's 
longstanding practice is to use the term ``processor'' to refer to any 
type of fish manufacturing operation, including those that receive and 
kill live fish. FSIS intends to amend the regulatory definition of 
``processing'' with respect to fish to be more consistent with FDA's 
definition.
    Starting on September 1, 2017, FSIS is making an adjustment in its 
inspection coverage at official fish slaughter establishments based on 
the following criteria:

--FSIS's longstanding interpretation of Section 606 of the FMIA (21 
U.S.C. 606(b)) requiring inspection once per production shift.
--FSIS's in-plant experience thus far confirming that fish slaughter 
establishments are most similar in operation and design to meat 
processing-only establishments. Thus, once per production shift 
inspection coverage will ensure FSIS verifies whether establishments 
are in compliance with all regulatory requirements.
--FSIS's more efficient use of inspection resources by including fish 
slaughter establishments in once-per-production shift inspection 
assignments for meat and poultry establishments that only process 
product.

    Thus, based on the above criteria, the Agency has determined that 
adjusting the inspection coverage at fish slaughter establishments on 
September 1, 2017, from all hours of operation to once per production 
shift will enable it to provide adequate inspection coverage to fulfill 
the FMIA mandate and allow it to most efficiently equip its workforce 
with the resources and tools they need to protect public health.

USDA Nondiscrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.
    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).

Additional Public Notification

    FSIS will announce this notification online through the FSIS Web 
page located at http://www.fsis.usda.gov/federal-register.
    FSIS will also make copies of this Federal Register 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 constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. In addition, FSIS offers an electronic mail 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 to regulations, directives, and notices. Customers can add 
or delete subscriptions themselves, and have the option to password 
protect their accounts.

    Done at Washington, DC on: May 12, 2017.
Alfred V. Almanza,
Administrator.
[FR Doc. 2017-09993 Filed 5-16-17; 8:45 am]
 BILLING CODE 3410-DM-P