82 FR 41501 - 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 169 (September 1, 2017)

Page Range		41501-41503
FR Document		2017-18591

The Food Safety and Inspection Service (FSIS) is confirming that on September 1, 2017, it will adjust inspection coverage at official establishments that slaughter fish of the order Siluriformes from all hours of operation to once per production shift. FSIS also is responding to comments received on the May 17, 2017 Federal Register document that announced these changes.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41501-41503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18591]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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


Federal Register / Vol. 82 , No. 169 / Friday, September 1, 2017 / 
Rules and Regulations

[[Page 41501]]



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: Response to comments; confirmation of implementation date.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is confirming 
that on September 1, 2017, it will adjust inspection coverage at 
official establishments that slaughter fish of the order Siluriformes 
from all hours of operation to once per production shift. FSIS also is 
responding to comments received on the May 17, 2017 Federal Register 
document that announced these changes.

DATES: FSIS will adjust inspection coverage at official establishments 
that slaughter Siluriformes fish from all hours of operation to once 
per production shift, beginning September 1, 2017.

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.

Background

    On December 2, 2015, FSIS amended its regulations by publishing the 
final rule, ``Mandatory Inspection of Fish of the Order Siluriformes 
and Products Derived from Such Fish'' (80 FR 75590). 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 notice will use ``fish'' to mean 
all fish of the order Siluriformes.
    Specifically, 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 fish as amenable and to 
provide for their inspection by FSIS. In the preamble to the final 
rule, FSIS stated that during an 18-month transitional period, it would 
assign inspection program personnel to be present during all hours of 
operation at domestic establishments that slaughter fish and, at the 
start of the period, assign inspection program personnel to conduct 
inspection at processing-only facilities at least quarterly. FSIS also 
stated that it might adjust inspection frequency in fish slaughter 
establishments in the future and, 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 (80 FR 
75606).
    On May 17, 2017, FSIS announced and requested comment on its 
decision to adjust inspection coverage at fish slaughter 
establishments, starting September 1, 2017, from all hours of operation 
to once per production shift (82 FR 22609). This decision was based on 
the Agency's experience inspecting official fish slaughter 
establishments since implementing the mandatory inspection program on 
March 1, 2016. FSIS found that the typical fish slaughter operation is 
a streamlined, automated process that combines slaughter with 
processing in the same continuous operation, more like meat processing-
only operations than like slaughter operations for other species 
amenable to the FMIA.
    A consumer advocacy organization requested that FSIS extend the 
comment period by 30 days, so as to make informed comments. FSIS agreed 
and on June 16, 2017, extended the comment period until July 17, 2017 
(82 FR 27680). At the conclusion of the comment period, FSIS had 
received eight comments. After reviewing these comments, FSIS is 
affirming its plan to adjust inspection coverage at official fish 
slaughter establishments from all hours of operation to once per 
production shift, beginning September 1, 2017. Issues raised by the 
comments received and FSIS's responses follow.

Comments and FSIS Responses

    FSIS received eight comments in response to its announced plans to 
adjust inspection coverage at official fish slaughter establishments. 
The comments were from two trade associations, one fish establishment, 
two FSIS inspectors, two consumer advocacy organizations and a foreign 
government. Four of the comments supported the change, agreeing that 
establishments that slaughter fish are most similar in operation and 
design to meat processing-only establishments and, therefore, should be 
inspected like a meat processing-only establishment, as opposed to meat 
slaughter establishments, i.e., once per production shift.
    The comment from the foreign government agreed with the rationale 
for the proposed change, but advocated for even less frequent 
inspection of fish, owing to its position that fish products pose 
little risk to the public health. As stated above, amendments to the 
FMIA in 2008 and 2014 directed FSIS to inspect the preparation of fish 
and fish products. USDA has historically interpreted the requirements 
in the FMIA for inspection of meat processing to mandate inspection at 
least once per production shift. Because FSIS has determined that 
operations in fish slaughter establishments are more like those in meat 
processing-only establishments, it is requiring inspection at a 
frequency of once per production shift there, as well.
    Several of the supportive comments expressed concern that the 
adjustment in inspection frequency would affect an establishment's 
approved hours of operation (typically 8-hour shifts) and charges for 
inspection services outside these hours. It will not. The regulations 
at 9 CFR 307.4 through 307.6, and associated FSIS policies, regarding 
the provision of inspection services, would continue to apply to fish 
establishments. Official fish establishments should coordinate with 
their District Office to determine hours of operation and for 
clarification on what activities require inspection.
    Comments from the two consumer advocacy organizations and from an 
FSIS inspector opposed the change. One of the consumer advocacy 
organizations questioned the Agency's implementation of inspection 
under 21 U.S.C. 606, for both fish and other meat

[[Page 41502]]

products, as allowing for inspection once per shift. This commenter 
further opined that Congress, in fact, intended for FSIS to ``apply a 
greater care in inspecting catfish than with other meat food 
products,'' because of the addition of paragraph (b) under this 
section, which directs USDA to consider the conditions under which fish 
is raised and transported.
    FSIS disagrees. A narrow interpretation of the language in 21 
U.S.C. 606, requiring that each unit of meat product be individually 
inspected by FSIS before movement in commerce, would create enormous 
costs without significantly increasing the effectiveness of inspection. 
USDA has never interpreted this language so narrowly in administration 
of the FMIA at meat processing-only establishments. In regard to the 
new section 21 U.S.C. 606(b), FSIS has determined that this section 
grants the Agency authority to conduct verification activities 
regarding the raising or transport of fish, but does not address the 
frequency of inspection or verification activities regarding the 
preparation of fish. Again, FSIS believes that the risks associated 
with fish slaughter are more closely aligned with meat processing, as 
further confirmed by explicit Congressional exemption of fish from the 
ante-mortem and post-mortem inspection provisions of the FMIA.
    When FSIS inspection program personnel visit meat processing-only 
establishments, they systematically verify compliance with the 
regulatory requirements. Inspectors routinely check the cleanliness of 
equipment and facilities, wholesomeness of incoming source materials, 
processing procedures, Hazard Analysis and Critical Control Point 
(HACCP) records, product labels, as well as other things. In addition, 
they submit samples for analysis, as directed in FSIS's Public Health 
Information System. FSIS inspection program personnel assigned to 
official fish establishments will be instructed to follow the same 
procedures. Therefore, we believe this approach will provide a high 
level of assurance that the fish products are safe, wholesome, and 
properly packaged and labeled, and that the public health will continue 
to be effectively protected by the change in inspection coverage.
    Both comments from consumer advocacy organizations raise concerns 
about the effect of the adjustment in inspection frequency on the 
Agency's programs to ensure the safety of imported fish and fish 
products. One comment contends that FSIS has not considered the 
conditions under which imported fish have been raised or transported. 
The other comment cites the number of shipments of foreign fish and 
fish products rejected by FSIS for import or recalled from commerce, 
because of violative residues found through FSIS testing, as evidence 
that foreign fish production, processing and inspection systems are 
inadequate. The commenter suggests that inspection during all hours of 
operation should be required for foreign slaughter and processing of 
fish intended for import to the United States.
    FSIS does consider the conditions under which imported fish are 
raised and transported through both the equivalence process and its 
testing of imported fish and fish products. When applying to export 
fish and fish products to the United States, a foreign country's 
Central Competent Authority (CCA) must demonstrate to FSIS that it 
ensures fish for export are raised and transported under conditions 
that prevent product adulteration. For example, the CCA must provide 
information regarding how it ensures that fish are not grown or farmed 
under conditions that would cause them to be adulterated; details of 
its sampling of feed, fish or the body of water from which the fish are 
harvested; and information on its program for ensuring that fish are 
transported under sanitary conditions from harvest to processing 
establishments. A foreign country's inspection program cannot be deemed 
equivalent unless the CCA demonstrates that it prevents the 
adulteration of fish during raising and transport.
    Additionally, FSIS tests fish and fish products collected during 
reinspection for chemical residues, Salmonella, and speciation. In 
regard to chemical residues, FSIS tests imported fish for veterinary 
drug residues, including nitrofurans and some fluoroquinolones; 
malachite green; gentian violet; metals and pesticides. This testing 
serves to verify that imported fish were raised under conditions to 
prevent product adulteration and keeps adulterated fish and fish 
products out of United States commerce.
    In regard to inspection frequency for imported fish and fish 
products, the FMIA and the regulations specifically require that 
imported products be held to the same standards as domestic products. 
The FMIA at 21 U.S.C. 620 requires that no product may be imported into 
the United States unless it complies with all applicable provisions of 
the FMIA and the regulations issued thereunder. The fish import 
regulations at 9 CFR 557.3 specifically require that no fish or fish 
product offered for importation from any foreign country shall be 
admitted into the United States if it is adulterated or misbranded or 
does not comply with all the requirements that would apply to it if it 
were a domestic product.
    Therefore, because FSIS will require government inspection of fish 
preparation at least once per production shift, to be determined 
equivalent, a foreign country's fish inspection system must also 
provide government inspection at least once per production shift. FSIS 
sees no basis to impose inspection requirements for imported fish that 
are in addition to those applied to domestic fish. Food safety issues 
with imported fish can be addressed through import reinspection, 
enforcement and the equivalence process.
    Finally, one inspector opposed the change in inspection frequency 
at fish slaughter establishments, expressing concern that the change 
would result in increased workloads for inspectors that are currently 
assigned to these establishments. FSIS disagrees. The change in 
inspection frequency will simply place establishments that slaughter 
fish into ``patrol assignments'' including other meat and poultry 
processing establishments. The inspection workload for affected 
inspectors will be no different than the workload associated with 
current patrol assignments of processing establishments.

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.)

[[Page 41503]]

should contact USDA's TARGET Center at (202)720-2600 (voice and TDD).

Additional Public Notification

    FSIS will announce this notice 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 (CU), 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 CU 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 CU 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: August 29, 2017.
Paul Kiecker,
Acting Administrator.
[FR Doc. 2017-18591 Filed 8-31-17; 8:45 am]
BILLING CODE 3410-DM-P

41501

Rules and Regulations Federal Register
Vol. 82, No. 169

Friday, September 1, 2017

This section of the FEDERAL REGISTER ‘‘fish’’ to mean all fish of the order Comments and FSIS Responses
contains regulatory documents having general Siluriformes. FSIS received eight comments in
applicability and legal effect, most of which
are keyed to and codified in the Code of Specifically, the final rule established response to its announced plans to
Federal Regulations, which is published under regulations to implement the provisions adjust inspection coverage at official
50 titles pursuant to 44 U.S.C. 1510. of the 2008 and 2014 Farm Bills, which fish slaughter establishments. The
amended the Federal Meat Inspection comments were from two trade
The Code of Federal Regulations is sold by Act (FMIA) to include fish as amenable associations, one fish establishment,
the Superintendent of Documents. and to provide for their inspection by two FSIS inspectors, two consumer
FSIS. In the preamble to the final rule, advocacy organizations and a foreign
FSIS stated that during an 18-month government. Four of the comments
DEPARTMENT OF AGRICULTURE supported the change, agreeing that
transitional period, it would assign
Food Safety and Inspection Service inspection program personnel to be establishments that slaughter fish are
present during all hours of operation at most similar in operation and design to
9 CFR Parts 300, 441, 530, 531, 532, domestic establishments that slaughter meat processing-only establishments
533, 534, 537, 539, 540, 541, 544, 548, fish and, at the start of the period, assign and, therefore, should be inspected like
550, 552, 555, 557, 559, 560, and 561 inspection program personnel to a meat processing-only establishment,
conduct inspection at processing-only as opposed to meat slaughter
[Docket No. FSIS–2017–0003] facilities at least quarterly. FSIS also establishments, i.e., once per production
stated that it might adjust inspection shift.
Changes to the Inspection Coverage in frequency in fish slaughter The comment from the foreign
Official Establishments That Slaughter establishments in the future and, that at government agreed with the rationale
Fish of the Order Siluriformes the end of the 18-month transitional for the proposed change, but advocated
period, inspection program personnel for even less frequent inspection of fish,
AGENCY: Food Safety and Inspection owing to its position that fish products
Service, USDA. would be assigned at least once per day
per shift at processing-only pose little risk to the public health. As
ACTION: Response to comments; stated above, amendments to the FMIA
establishments (80 FR 75606).
confirmation of implementation date. in 2008 and 2014 directed FSIS to
On May 17, 2017, FSIS announced
inspect the preparation of fish and fish
SUMMARY: The Food Safety and and requested comment on its decision
products. USDA has historically
Inspection Service (FSIS) is confirming to adjust inspection coverage at fish
interpreted the requirements in the
that on September 1, 2017, it will adjust slaughter establishments, starting
FMIA for inspection of meat processing
inspection coverage at official September 1, 2017, from all hours of
to mandate inspection at least once per
establishments that slaughter fish of the operation to once per production shift
production shift. Because FSIS has
order Siluriformes from all hours of (82 FR 22609). This decision was based
determined that operations in fish
operation to once per production shift. on the Agency’s experience inspecting
slaughter establishments are more like
FSIS also is responding to comments official fish slaughter establishments
those in meat processing-only
received on the May 17, 2017 Federal since implementing the mandatory
establishments, it is requiring
Register document that announced inspection program on March 1, 2016.
inspection at a frequency of once per
these changes. FSIS found that the typical fish
production shift there, as well.
DATES: FSIS will adjust inspection slaughter operation is a streamlined, Several of the supportive comments
coverage at official establishments that automated process that combines expressed concern that the adjustment
slaughter Siluriformes fish from all slaughter with processing in the same in inspection frequency would affect an
hours of operation to once per continuous operation, more like meat establishment’s approved hours of
production shift, beginning September processing-only operations than like operation (typically 8-hour shifts) and
1, 2017. slaughter operations for other species charges for inspection services outside
FOR FURTHER INFORMATION CONTACT:
amenable to the FMIA. these hours. It will not. The regulations
Rachel Edelstein, Deputy Assistant A consumer advocacy organization at 9 CFR 307.4 through 307.6, and
Administrator, Office of Policy and requested that FSIS extend the comment associated FSIS policies, regarding the
Program Development; Telephone: (202) period by 30 days, so as to make provision of inspection services, would
205–0495, or by Fax: (202) 720–2025. informed comments. FSIS agreed and on continue to apply to fish establishments.
June 16, 2017, extended the comment Official fish establishments should
Background period until July 17, 2017 (82 FR coordinate with their District Office to
On December 2, 2015, FSIS amended 27680). At the conclusion of the determine hours of operation and for
its regulations by publishing the final comment period, FSIS had received clarification on what activities require
rule, ‘‘Mandatory Inspection of Fish of eight comments. After reviewing these inspection.
sradovich on DSK3GMQ082PROD with RULES

the Order Siluriformes and Products comments, FSIS is affirming its plan to Comments from the two consumer
Derived from Such Fish’’ (80 FR 75590). adjust inspection coverage at official advocacy organizations and from an
Fish of the order Siluriformes include, fish slaughter establishments from all FSIS inspector opposed the change. One
but are not limited to, ‘‘catfish’’ (fish of hours of operation to once per of the consumer advocacy organizations
the family Ictaluridae) and ‘‘basa’’ and production shift, beginning September questioned the Agency’s
‘‘swai’’ (fish of the family Pangasiidae). 1, 2017. Issues raised by the comments implementation of inspection under 21
For convenience, this notice will use received and FSIS’s responses follow. U.S.C. 606, for both fish and other meat

VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1

Document Created: 2017-09-01 01:50:55
Document Modified: 2017-09-01 01:50:55

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		Rules and Regulations
Action		Response to comments; confirmation of implementation date.
Dates		FSIS will adjust inspection coverage at official establishments that slaughter Siluriformes fish from all hours of operation to once per production shift, beginning September 1, 2017.
Contact		Rachel Edelstein, Deputy Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495, or by Fax: (202) 720-2025.
FR Citation		82 FR 41501
CFR Citation		9 CFR 300 9 CFR 441 9 CFR 530 9 CFR 531 9 CFR 532 9 CFR 533 9 CFR 534 9 CFR 537 9 CFR 539 9 CFR 540 9 CFR 541 9 CFR 544 9 CFR 548 9 CFR 550 9 CFR 552 9 CFR 555 9 CFR 557 9 CFR 559 9 CFR 560 9 CFR 561

82 FR 41501 - Changes to the Inspection Coverage in Official Establishments That Slaughter Fish of the Order Siluriformes

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

Federal Register Volume 82, Issue 169 (September 1, 2017)

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service