83 FR 63052 - Uniform Compliance Date for Food Labeling Regulations

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range		63052-63053
FR Document		2018-26526

The Food Safety and Inspection Service (FSIS) is establishing January 1, 2022, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2019, and December 31, 2020. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018)

[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63052-63053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26526]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. FSIS-2018-0049]
RIN 0583-AD77


Uniform Compliance Date for Food Labeling Regulations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing 
January 1, 2022, as the uniform compliance date for new meat and 
poultry product labeling regulations that will be issued between 
January 1, 2019, and December 31, 2020. FSIS periodically announces 
uniform compliance dates for new meat and poultry product labeling 
regulations to minimize the economic impact of label changes.

DATES: This rule is effective December 7, 2018. Comments on this final 
rule must be received on or before January 7, 2019.

ADDRESSES: FSIS invites interested persons to submit comments on this 
final rule. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This website 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 on-line instructions at that site for 
submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, 1400 
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
3700.
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2018-0049. 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.

[[Page 63053]]

    Docket: For access to background documents or comments received, 
call (202)720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director, 
Labeling and Program Delivery Staff, Office of Policy and Program 
Development, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Telephone: 301-504-0879.

SUPPLEMENTARY INFORMATION: 

Background

    On December 14, 2004, FSIS issued a final rule establishing January 
1, 2008, as the uniform compliance date for new meat and poultry 
labeling regulations issued between January 1, 2005, and December 31, 
2006. The 2004 final rule also provided that the Agency would set 
uniform compliance dates for new labeling regulations in 2-year 
increments and periodically issue final rules announcing those dates. 
Consistent with the 2004 final rule, the Agency has since published six 
rules establishing the uniform compliance dates of January 1, 2010, 
January 1, 2012, January 1, 2014, January 1, 2016, January 1, 2018, and 
January 1, 2020 (72 FR 9651, 73 FR 75564, 75 FR 71344, 77 FR 76824, 79 
FR 71007 and 81 FR 91670).

The Final Rule

    The new uniform compliance date will apply only to final FSIS 
regulations that require changes in the labeling of meat and poultry 
products and that are published after January 1, 2019, and before 
December 31, 2020. For each final rule that requires changes in 
labeling, FSIS will specifically identify January 1, 2022, as the 
compliance date. All meat and poultry food products that are subject to 
labeling regulations issued between January 1, 2019, and December 31, 
2020, will be required to comply with these regulations on products 
introduced into commerce on or after January 1, 2022. If any food 
labeling regulation involves special circumstances that justify a 
compliance date other than January 1, 2022, the Agency will determine 
an appropriate compliance date and will publish that compliance date in 
the rulemaking.
    Two-year increments increase industry's ability to make orderly 
adjustments to new labeling requirements without exposing consumers to 
outdated labels. This approach allows meat and poultry producers to 
plan for the use of label inventories and to develop new labeling 
materials that meet the new requirements. It also serves to reduce the 
economic impact of changing labels on both producers and consumers.
    In the May 4, 2004, proposed rule on uniform compliance dates for 
labeling requirements, FSIS provided notice and solicited comment (69 
FR 24539). In the March 5, 2007, final rule, FSIS received only four 
comments in response to the proposal, all in support. In the March 5, 
2007, final rule, FSIS determined that further rulemaking for uniform 
compliance dates for labeling requirements is unnecessary (72 FR 9651). 
The Agency received no comments on the 2007 final rule, the comments 
FSIS received on the 2012 final rule were outside the scope (77 FR 
76824), and FSIS received no comments on the 2014 final rule (79 FR 
71007) or the 2016 final rule (81 FR 91670). Consistent with its 
statement in 2007, FSIS finds that further rulemaking on this matter is 
unnecessary. However, FSIS is providing an opportunity for comment on 
the uniform compliance date established in this final rule.

Executive Orders 12866 and 13563, and the Regulatory Flexibility Act

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety benefits, distributive impacts, and equity). 
Executive Order (E.O.) 13563 emphasizes the importance of quantifying 
both costs and benefits, of reducing costs, of harmonizing rules, and 
of promoting flexibility. This final rule has been designated as a 
``non-significant'' regulatory action under section 3(f) of E.O. 12866. 
Accordingly, the final rule has not been reviewed by the Office of 
Management and Budget under E.O. 12866.
    This rule does not have a significant economic impact on a 
substantial number of small entities; consequently, a regulatory 
flexibility analysis is not required (5 U.S.C. 601-612).

Additional Public Information

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication online 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 Constituent 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.
Paul Kiecker,
Acting Administrator.
[FR Doc. 2018-26526 Filed 12-6-18; 8:45 am]
 BILLING CODE 3410-DM-P

63052 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations

Determinations made after November 2000 for determining normal climatic Dated: November 28, 2018.
28, 1990, and before July 3, 1996, are conditions. Stephen L. Censky,
considered certified if the determination Deputy Secretary.
was issued on the June 1991 version of * * * * *
[FR Doc. 2018–26521 Filed 12–6–18; 8:45 am]
form NRCS–CPA–026 or SCS–CPA–026, (e)(1) Minimal effect determination. BILLING CODE 3410–16–P
the person was notified that the For the purposes of § 12.5(b)(1)(v),
determination had been certified, and NRCS shall determine whether the
the map document was of sufficient effect of any action of a person DEPARTMENT OF AGRICULTURE
quality to determine ineligibility for associated with the conversion of a
program benefits. If issued on a different wetland, the conversion of wetland and Food Safety and Inspection Service
version of the form, a determination will
the production of an agricultural
be considered certified if there is other 9 CFR Parts 317 and 381
commodity on converted wetland, or
documentation that the person was
notified of the certification, provided the combined effect of the production of [Docket No. FSIS–2018–0049]
appeal rights, and the map document an agricultural commodity on a wetland
RIN 0583–AD77
was of sufficient quality to make the converted by someone else has a
determination. minimal effect on the functions and Uniform Compliance Date for Food
values of wetlands in the area. Such Labeling Regulations
* * * * *
determination shall be based upon a
(7) The wetland determination functional assessment of functions and AGENCY: Food Safety and Inspection
process for wetland conservation values of the subject wetland and other Service, USDA.
compliance includes three distinct related wetlands in the area. The ACTION: Final rule.
steps. In Step 1, wetland identification, assessment of functions and values of
it is determined if the area of interest SUMMARY: The Food Safety and
the subject wetland will be made Inspection Service (FSIS) is establishing
supports a prevalence of hydrophytic through an on-site evaluation. Such an
vegetation, a predominance of hydric January 1, 2022, as the uniform
assessment of related wetlands in the compliance date for new meat and
soils, and wetland hydrology under
area may be made based on a general poultry product labeling regulations that
normal circumstances. In Step 2,
determination of wetland type, it is knowledge of wetland conditions in the will be issued between January 1, 2019,
determined if any exemptions apply area. A request for such determination and December 31, 2020. FSIS
from § 12.5(b). The findings are reflected will be made prior to the beginning of periodically announces uniform
in the assignment of an appropriate activities that would convert the compliance dates for new meat and
wetland conservation compliance label. wetland. If a person has converted a poultry product labeling regulations to
In Step 3, sizing of the wetland, the wetland and then seeks a determination minimize the economic impact of label
boundary of each wetland type that the effect of such conversion on changes.
determined in Step 2 is delineated on wetland was minimal, the burden will DATES: This rule is effective December 7,
the certified wetland determination be upon the person to demonstrate to 2018. Comments on this final rule must
map. the satisfaction of NRCS that the effect be received on or before January 7, 2019.
was minimal. ADDRESSES: FSIS invites interested
■ 5. Amend § 12.31 by revising the persons to submit comments on this
section heading, redesignating (2) Scope of minimal-effect final rule. Comments may be submitted
paragraphs (c) through (e) as paragraphs determination. The production of an by one of the following methods:
(d) through (f), adding a new paragraph agricultural commodity on any portion • Federal eRulemaking Portal: This
(c), and revising newly redesignated of a converted wetland in conformance website provides the ability to type
paragraph (e) to read as follows: with a minimal-effect determination by short comments directly into the
§ 12.31 Wetland identification procedures. NRCS is exempt under § 12.5(b)(1)(v). comment field on this web page or
However, any additional action of a attach a file for lengthier comments. Go
(c) Wetland Hydrology. (1) Wetland person that will change the functions to http://www.regulations.gov. Follow
Hydrology consists of inundation or and values of a wetland for which a the on-line instructions at that site for
saturation by surface or groundwater minimal-effect determination has been submitting comments.
during a growing season at a frequency made shall be reported to NRCS for a • Mail, including CD–ROMs, etc.:
and duration sufficient to support a determination of whether the effect Send to Docket Clerk, U.S. Department
prevalence of hydrophytic vegetation. of Agriculture, Food Safety and
continues to be minimal. The loss of a
(2) When a wetland is affected by minimal-effect determination will cause Inspection Service, 1400 Independence
drainage manipulations that occurred Avenue SW, Mailstop 3758, Room 6065,
a person who produces an agricultural
prior to December 23, 1985, wetland Washington, DC 20250–3700.
commodity on the converted wetland • Hand- or courier-delivered
hydrology shall be identified on the after such change in status to be
basis of the best-drained condition submittals: Deliver to 1400
ineligible, under § 12.4, for certain Independence Avenue SW, Room 6065,
resulting from such drainage program benefits. In situations where
manipulations. Washington, DC 20250–3700.
the wetland values, acreage, and Instructions: All items submitted by
(3) The determination of wetland functions are replaced by the mail or electronic mail must include the
hydrology will be made in accordance restoration, enhancement, or creation of Agency name and docket number FSIS–
amozie on DSK3GDR082PROD with RULES

with the current Federal wetland a wetland in accordance with a 2018–0049. Comments received in
delineation methodology in use by mitigation plan approved by NRCS, the response to this docket will be made
NRCS at the time of the determination. exemption provided by the available for public inspection and
(4) When making a decision on determination will be effective after posted without change, including any
wetland hydrology, NRCS will utilize a NRCS determines that all practices in a personal information, to http://
fixed precipitation date range of 1971– mitigation plan are being implemented. www.regulations.gov.

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Document Created: 2018-12-07 01:52:57
Document Modified: 2018-12-07 01:52:57

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		Final rule.
Dates		This rule is effective December 7, 2018. Comments on this final rule must be received on or before January 7, 2019.
Contact		Rosalyn Murphy-Jenkins, Director, Labeling and Program Delivery Staff, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Telephone: 301-504-0879.
FR Citation		83 FR 63052
RIN Number		0583-AD77
CFR Citation		9 CFR 317 9 CFR 381

83 FR 63052 - Uniform Compliance Date for Food Labeling Regulations

DEPARTMENT OF AGRICULTUREFood Safety and Inspection Service

Federal Register Volume 83, Issue 235 (December 7, 2018)

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service