Dry-Cured Pork Products

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 92-067-2]

RIN 0579-AA50

Dry-Cured Pork Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending our regulations to allow certain dry-cured

pork products processed in a specified manner to be imported into the

United States from countries where foot-and-mouth disease, rinderpest,

African swine fever, hog cholera, or swine vesicular disease exists. We

are making this change because we have determined that certain dry-

cured pork products, if processed in accordance with the regulatory

requirements, can be imported into the United States without presenting

a significant risk of introducing these specified diseases.

EFFECTIVE DATE: December 5, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John H. Blackwell, Senior Staff

Microbiologist, Import-Export Products Staff, National Center for

Import-Export, Veterinary Services, APHIS, USDA, room 758, Federal

Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94 (the regulations) regulate, among

other things, the importation into the United States of pork and pork

products in order to prevent the introduction into the United States of

foot-and-mouth disease (FMD), rinderpest, African swine fever (ASF),

hog cholera (HC), and swine vesicular disease (SVD).

On April 15, 1994, we published in the Federal Register (59 FR

17999-18003, Docket No. 92-067-1) a proposal to amend the regulations

by allowing the importation into the United States of certain dry-cured

pork products that have been processed in accordance with procedures

used in Spain to manufacture products known as Serrano hams, Iberian

hams, Iberian pork shoulders, and Iberian pork loins.

Comments on the Proposed Rule

We solicited comments concerning our proposal for a 60-day comment

period ending June 14, 1994. We received four comments by that date.

They were from the Department of Agriculture, Fisheries, and Nutrition

of the Kingdom of Spain, a Spanish meat exporters association, and two

organizations representing U.S. meat industries. We carefully

considered all the comments we received. These comments are discussed

below in detail.

In response to the comments, APHIS is making several changes to the

proposed requirements.

Comment: The proposal would have amended various paragraphs of

Sec. 94.17 by adding the term ``dry-cured'' before ``ham'' or ``hams.''

The term ``dry cured'' was incorrectly added in several places where

the hams referred to would not yet have finished the curing process.

The term ``dry cured'' should not be added before ``ham'' or ``hams''

in Sec. 94.17, paragraphs (a) through (g).

Response: We agree, and are making the suggested change.

Comment: In the current regulations, Sec. 94.17(a) requires that

hams subject to the regulations must come from ``a swine that was never

out of the country in which the ham was processed.'' Because the

proposal did not propose to amend this country of origin requirement,

only hams, pork shoulders, and pork loins that originated in the

country in which they were processed would be eligible to be imported

under the proposed regulations. For example, products processed in

accordance with the regulations in Spain could not be imported if they

were derived from swine from other countries. However, the proposed

processing would render the articles safe to import regardless of the

country in which the swine originated. Paragraph (a) of Sec. 94.17

should be amended to allow hams, pork shoulders, and pork loins derived

from swine from any country to be eligible for importation, if the

products are processed in accordance with the regulations.

Response: We agree that it is not necessary to limit the

regulations to hams, pork shoulders, and pork loins that originate in

the country where they are processed, as long as all the processing

requirements are met. We are amending Sec. 94.17(a) to eliminate the

origin requirement for the articles. However, since processing

facilities may frequently change suppliers, eliminating the origin

requirement could result in the mixing at processing facilities of meat

products originating from countries where SVD exists and meat products

from countries free of SVD. Because of this, we are also amending

proposed paragraphs (o)(2) (ii) and (iii) of Sec. 94.17 to ensure that

Serrano and Iberian hams processed under the regulations are processed

for 560 days, the period necessary to destroy the SVD agent in Serrano

and Iberian hams, if the hams are processed either in a country where

SVD exists, or in a facility that may also process meat from countries

where SVD exists (i.e., any facility other than one authorized by the

veterinary services of the national government to process only meat

from countries free of swine vesicular disease). This additional

processing time only applies to Serrano and Iberian hams, not to

Italian-type hams, Iberian pork shoulders, and Iberian pork loins,

because the processing time already required for these latter products

is sufficient to destroy the SVD agent.

Comment: The proposed requirements for importing hams, pork

shoulders, and pork loins include a step where they are frozen to -40

deg.C and kept frozen at -18 deg.C for at least 30 days (Sec. 94.17,

paragraphs (i)(2)(i), (i)(3)(i), (i)(4)(i), and (i)(5)(i)). In

reviewing the research by the Foreign Animal Diseases Diagnostic

Laboratory on which the proposal was based, it does not appear that

this freezing step is necessary to eliminate disease risk. The freezing

requirements should be removed, and the requirements describing how

frozen hams, pork shoulders, and pork loins should be thawed should be

reworded to make it clear that freezing is optional, not required.

Response: We agree, and are deleting the paragraphs cited above

that contain the freezing requirement and are rephrasing the thawing

requirements to indicate that they only apply if the hams, pork

shoulders, or pork loins are received frozen. The freezing requirement

was inadvertently included in the proposal because certain test hams

were kept frozen at these temperatures, but the research did not

indicate that freezing reduces disease risk for the products.

Comment: The relative humidity proposed for Serrano hams during the

salt curing or pickling phase is 75 to 85 percent (proposed

Sec. 94.17(i)(2)(iii)); the range proposed for Iberian hams is 70 to 80

percent (proposed Sec. 94.17(i)(3)(iii)); for Iberian pork shoulders,

it is 75 to 95 percent (proposed Sec. 94.17(i)(4)(iii)), and for

Iberian pork loins, it is 75 to 85 percent (proposed

Sec. 94.17(i)(5)(iii)). The research\1\ on which the proposal was based

suggests that a range of 75 to 95 percent is appropriate for all four

products.

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\1\Copies of the research may be obtained from the office

identified in the ``For Further Information Contact:'' section of

this final rule.

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Response: We agree. We are changing the processing requirements for

all four products to require a range of 75 to 95 percent relative

humidity during the salt curing or pickling stage. Because of the

renumbering of paragraphs necessary due to our deletion of the freezing

requirement (discussed above), the humidity requirements for the salt

curing or pickling stage now appear in Sec. 94.17(i)(2)(ii),

(i)(3)(ii), (i)(4)(ii), and (i)(5)(ii). The humidity requirements for

stages of processing other than the salt curing or pickling stage have

not been changed from what was proposed.

Comment: In proposed Sec. 94.17(j)(2), the requirement that each

ham or pork shoulder bear a plastic tag stating the date the ham or

pork shoulder entered the processing establishment is unnecessary. The

same paragraph requires that the products bear an ink seal containing

the date that salting began.

Response: We agree, and are deleting the requirement for the

plastic tag. The ink seal records the date (day, month, and year) that

salting begins, and this date is more useful for determining whether

products have been properly cured than the less specific date

requirement proposed for the plastic tag (the month and year that the

ham or pork shoulder entered the processing establishment).

Comment: Proposed Sec. 94.17(j)(3) would require that pork loins

have packaging material that remains intact throughout processing and

bears the identifying number of the processing establishment. This is

not possible, since the packaging material must be removed when the

pork loin is placed in the pickle preparation. The processing

establishment number should instead be recorded on the plastic tag also

required by this paragraph, which can remain on the product throughout

processing.

Response: We agree, and are making the requested change.

Comment: Proposed Sec. 94.17(m) (3), (4), and (5) would require

that Iberian hams, pork shoulders, and pork loins would have to come

from a swine of the Iberico breed of black pigs. The word ``black''

should be deleted, as Iberico breeds include pigs of several skin

colors, all of which are equally suitable for processing under the

regulations. The color of the skin of the Iberico breed does not alter

the way in which viruses present in the meat respond to processing.

Response: We agree, and are making the suggested change.

Comment: No assurance has been given that the proposed requirements

for the controlled curing and long-term drying of these products will

in fact be followed. A failure to follow the proposed procedures could

significantly increase the risk of introducing foot-and-mouth disease,

rinderpest, African swine fever, hog cholera, or swine vesicular

disease into the United States.

Response: We believe that a number of controls exist to ensure that

the regulatory requirements will be followed. The Spanish Ministry of

Agriculture exercises supervision over all animal importation and meat

processing in Spain, and will cooperate in enforcing the requirements.

In addition, the U.S. Department of Agriculture's Animal and Plant

Health Inspection Service and Food Safety and Inspection Service

inspect establishments participating in this program and review their

records. The official ink seals required on these products by the

regulations provide a reliable check for some of the most important

requirements--ensuring that the products come from an approved

establishment and were processed for the required time period.

Comment: These products should not be imported until a procedure is

available to test the products at the time of importation for freedom

from the disease agents of concern.

Response: Such a test is not now available; currently, identifying

the disease agents of concern requires extensive laboratory analysis.

We do not expect early development of a practical test that could be

used at the time of importation. We have instead developed procedures,

based on research, that have proven effective in eliminating the

disease agents, and have implemented regulatory controls to ensure that

the procedures are followed. We do not believe that it is necessary to

prohibit the proposed importations until a test is available.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposed

rule as a final rule, with the changes discussed above.

Executive Order 12866 and Regulatory Flexibility Act

This final rule has been reviewed under Executive Order 12866. The

rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

The Animal and Plant Health Inspection Service (APHIS) estimates

that, under these regulations, between 5 and 15 metric tons of dry-

cured hams, pork shoulders, and pork loins will be imported into the

United States during the first year that importation is allowed.

Products imported in accordance with the regulations will have an

approximate retail value between $352,500 and $1,057,500. In Spain,

these products sell for approximately $32 per pound. We anticipate the

price per pound in the United States will be higher.

Over the next decade, we estimate annual imports will plateau as

United States markets for the products are developed. These products

are all high-value products, and not likely to be purchased for home

consumption. Instead, we anticipate most of these products will be

purchased for resale by delicatessens, restaurants, and caterers.

Within the next 20 years, APHIS estimates that the retail value of

imported dry-cured pork products described in this document will

average between $33 and $66.1 million (50-100 metric tons) annually.

This can be compared with the dry-cured pork products, all of which are

hams, currently being imported into the United States. In 1990,

approximately 429 metric tons of these hams were imported. These dry-

cured hams retail in the United States for approximately $16 per pound.

Dry-cured pork products exactly like those allowed to be imported

into the United States under the regulations are not produced in the

United States. Certain dry-cured pork products produced in Virginia do

resemble, in appearance, the products the final rule allows to be

imported. However, the Virginia products have a significantly higher

salt concentration and a significantly different taste.

Genuine Virginia dry-cured hams are produced by four producers in

Smithfield, VA. Two of these producers are small entities. Wholesale

production statistics and prices are not available due to propriety

concerns. However, genuine Virginia dry-cured hams retail for

approximately $4 per pound.

Based on these facts, we anticipate that competition between United

States-produced dry-cured pork products and the proposed imported dry-

cured pork products will be insignificant.

In 1990, the United States produced 9,652,933 metric tons of pork

and pork products, valued at about $11.3 billion. Additionally, the

United States imported about 232,253 metric tons of pork. Imports

accounted for about 2 percent of the pork available in the domestic

market during 1990. Figures for 1990 indicate that approximately 429

metric tons of dry-cured pork products were imported under the current

regulations. This compares with 349,119 metric tons of all pork

products imported during 1990, or 0.0012 percent. Potential imports of

dry-cured pork products would therefore account for less than 1 percent

of total annual pork imports.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with it; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this rule have been approved by the Office of Management

and Budget (OMB), and there are no new requirements. The assigned OMB

control number is 0579-0015.

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk,

Poultry and poultry products, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE

FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED IMPORTATIONS

1. The authority citation for part 94 continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.

1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).

2. Section 94.17 is amended as follows:

a. The heading is revised to read as set forth below.

b. The introductory text is amended by adding ``dry-cured'' before

``ham'' and by adding ``, pork shoulder, or pork loin'' after ``ham''.

c. Paragraph (a) is revised to read as set forth below.

d. Paragraphs (b), (c), (d), (e), (f), (g), (k), (l), and (n) are

amended by adding ``, pork shoulder, or pork loin'' after ``ham'' each

time it appears.

e. Paragraphs (f) and (g) are amended by adding ``, pork shoulders,

or pork loins'' after ``hams'' each time it appears.

f. Paragraphs (k), (l), and (n) are amended by adding ``dry-cured''

before ``ham'' each time it appears.

g. Paragraph (h) is revised to read as set forth below.

h. Paragraph (i) is redesignated as paragraph (i)(1); redesignated

paragraph (i)(1) is amended by adding, at the beginning of the

paragraph, before the word ``The'', the heading ``Italian-type hams.'',

and at the end of the paragraph, by removing the clause ``; and during

all of the procedures described above the ham had no contact with any

meat or animal product other than pork fat that was treated to at least

76 deg.C. (168.8 deg.F.) that may have been placed over the ham

during curing;'' and adding a period after the word ``reached''.

i. A new paragraph (i) introductory text and paragraphs (i)(2),

(i)(3), (i)(4), and (i)(5) are added to read as set forth below.

j. Paragraph (j) is redesignated as paragraph (j)(1), and

redesignated paragraph (j)(1) is amended by adding, at the beginning of

the paragraph after the words ``The ham'', the phrase ``, if it is

Italian-type ham processed in accordance with paragraph (i)(1) of this

section,''.

k. New paragraphs (j)(2) and (j)(3) are added to read as set forth

below.

l. Paragraph (m) is redesignated as paragraph (m)(1), and

redesignated paragraph (m)(1) is amended by adding, at the beginning of

the paragraph, after the words ``The ham'', the phrase ``, if it is an

Italian-type ham processed in accordance with paragraph (i)(1) of this

section,''.

m. A new paragraph (m) introductory text and paragraphs (m)(2),

(m)(3), (m)(4), and (m)(5) are added to read as set forth below.

n. Paragraph (o) is revised to read as set forth below.

Sec. 94.17 Dry-cured pork products from countries where foot-and-mouth

disease, rinderpest, African swine fever, hog cholera, or swine

vesicular disease exists.

* * * * *

(a) Except for Italian-type hams, Serrano hams, Iberian hams,

Iberian pork shoulders, and Iberian pork loins that have been processed

in accordance with paragraph (i) of this subpart, the dry-cured ham,

pork shoulder, or pork loin came from a swine that was never out of the

country in which the dry-cured ham, pork shoulder, or pork loin was

processed;

* * * * *

(h) Workers who handle fresh pork in the processing establishment

where the dry-cured ham, pork shoulder, or pork loin was processed are

required to shower and put on a full set of clean clothes, or to wait

24 hours after handling fresh pork, before handling hams, pork

shoulders, or pork loins that have progressed in the aging/curing

process as follows:

(1) In the case of Italian-type hams processed in accordance with

paragraph (i)(1) of this section, those that have progressed beyond the

final wash stage;

(2) In the case of Serrano hams or Iberian hams or pork shoulders

processed in accordance with paragraphs (i)(2), (i)(3), or (i)(4) of

this section, those that have progressed beyond salting; and

(3) In the case of Iberian pork loins processed in accordance with

paragraph (i)(5) of this section, those that have progressed beyond

being placed in a casing.

(i) The dry-cured ham, pork shoulder, or pork loin was processed in

accordance with this paragraph. Except for pork fat treated to at least

76 deg.C (168.8 deg.F), which may have been placed over the meat

during curing, the dry-cured pork product must have had no contact with

any other meat or animal product during processing.

(1) * * *

(2) Serrano hams. Serrano hams were processed as follows (190-day

minimum curing process):

(i) If the ham is received frozen, it was thawed in a chamber with

relative humidity between 70 and 80 percent, with room temperature

maintained at

12 deg.C to 13 deg.C (53.6 deg.F to 55.4 deg.F) for the first 24

hours, then at 13 deg.C to 14 deg.C (55.4 deg.F to 57.2 deg.F)

until the internal temperature of the ham reached 3 deg.C to 4 deg.C

(37.4 deg.F to 39.2 deg.F), at which point the blood vessels at the

end of the femur were massaged to remove any remaining blood.

(ii) The ham was covered in salt and placed in a chamber maintained

at a temperature from 0 deg.C to 4 deg.C (32 deg.F to 39.2 deg.F),

with relative humidity between 75 and 95 percent, for a period no less

than 0.65 days per kg and no more than 2 days per kg of the weight of

the ham.

(iii) The ham was rinsed with water and/or brushed to remove any

remaining surface salt.

(iv) The ham was placed in a chamber maintained at a temperature of

0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F), with a relative

humidity of 70 to 95 percent, for no less than 40 and no more than 60

days;

(v) The ham was placed for curing in a chamber with a relative

humidity of 60 to 80 percent and a temperature gradually raised in 3

phases, as follows:

(A) A temperature of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8

deg.F), maintained for a minimum of 45 days;

(B) A temperature of 16 deg.C to 24 deg.C (60.8 deg.F to 75.2

deg.F), maintained for a minimum of 35 days;

(C) A temperature of 24 deg.C to 34 deg.C (75.2 deg.F to 93.2

deg.F), maintained for a minimum of 30 days;

(vi) Finally, with the relative humidity unchanged at 60 to 80

percent, the temperature was lowered to 12 deg.C to 20 deg.C (53.6

deg.F to 68 deg.F) and maintained at that level for a minimum of 35

days, until at least 190 days after the start of the curing process;

Except that: In a country where swine vesicular disease exists, the ham

must be maintained at that level an additional 370 days, until at least

560 days after the start of the curing process.

(3) Iberian hams. Iberian hams were processed as follows (365-day

minimum curing process):

(i) If the ham is received frozen, it was thawed in a chamber with

relative humidity between 70 and 80 percent, with room temperature

maintained at 5.5 deg.C to 6.5 deg.C (41.9 deg.F to 43.7 deg.F) for

the first 24 hours, then at 9.5 deg.C

to 10.5 deg.C (49.1 deg.F to 50.9 deg.F) until the internal

temperature of the ham reached 3 deg.C to 4 deg.C (37.4 deg.F to

39.2 deg.F), at which point the blood vessels at the end of the femur

were massaged to remove any remaining blood.

(ii) The ham was covered in salt and placed in a chamber maintained

at a temperature from 0 deg.C to 4 deg.C (32 deg.F to 39.2 deg.F),

with relative humidity between 75 and 95 percent, and kept in the

chamber for a period no less than 0.65 days per kg and no more than 2

days per kg of the weight of the ham;

(iii) The ham was rinsed with water and/or brushed to remove any

remaining surface salt.

(iv) The ham was placed in a chamber maintained at a temperature of

0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F), with relative humidity

of 70 to 95 percent, for no less than 40 and no more than 60 days.

(v) The ham was placed for curing in a chamber with a temperature

of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8 deg.F) and relative

humidity of 60 to 80 percent for a minimum of 90 days.

(vi) The temperature was raised to 16 deg.C to 26 deg.C (60.8

deg.F to 78.8 deg.F) and the relative humidity reduced to 55 to 85

percent, for a minimum of 90 days.

(vii) Finally, with the relative humidity raised to 60 to 90

percent, the temperature was lowered to 12 deg.C

to 22 deg.C (53.6 deg.F to 71.6 deg.F) and maintained at that level

for a minimum of 115 days, until at least 365 days after the start of

the curing process; Except that: In a country where swine vesicular

disease exists, the ham must be maintained at that level an additional

195 days, until at least 560 days after the start of the curing

process.

(4) Iberian pork shoulders. Iberian pork shoulders were processed

as follows (240-day minimum curing process):

(i) If the pork shoulder is received frozen, it was thawed at a

room temperature of 12 deg.C to 13 deg.C (53.6 deg.F to 55.4

deg.F), with the relative humidity between 75 and 85 percent, for

approximately 24 hours, until the internal temperature reached 3 deg.C

to 4 deg.C (37.4 deg.F to 39.2 deg.F), at which point the blood

vessels in the scapular region were massaged to remove any remaining

blood.

(ii) The pork shoulder was covered in salt and placed in a chamber

maintained at a temperature of 0 deg.C to 4 deg.C (32 deg.F to 39.2

deg.F) with the relative humidity between 75 and 95 percent, for a

period of no less than 0.65 days per kg and no more than 2 days per kg

of the weight of the pork shoulder.

(iii) The pork shoulder was rinsed with water and/or brushed to

remove any remaining surface salt.

(iv) The pork shoulder was placed in a chamber maintained at a

temperature of 0 deg.C to 6 deg.C (32 deg.F to 42.8 deg.F) and a

relative humidity of 70 to 95 percent for not less than 40 days and not

more than 60 days.

(v) The pork shoulder was placed for curing in a chamber at a

temperature of 6 deg.C to 16 deg.C (42.8 deg.F to 60.8 deg.F) and a

relative humidity of 60 to 80 percent for a minimum of 90 days.

(vi) The temperature was raised to 16 deg.C to 26 deg.C (60.8

deg.F to 78.8 deg.F) and the relative humidity was changed to 55 to 85

percent, and those levels were maintained for a minimum of 90 days.

(vii) Finally, the temperature was reduced to 12 deg.C to 22

deg.C (53.6 deg.F to 71.6 deg.F) and the relative humidity was raised

to 60 to 90 percent for a minimum of 45 days, until at least 240 days

after the start of the curing process.

(5) Iberian pork loins. Iberian pork loins were processed as

follows (130-day minimum curing process):

(i) If the pork loin is received frozen, it was thawed at a room

temperature maintained at 11 deg.C to 12 deg.C (51.8 deg.F to 53.6

deg.F), with the relative humidity between 70 and 80 per cent for the

first 24 hours, then between 75 and 85 percent, until the loin's

internal temperature reached 3 deg.C to 4 deg.C

(37.4 deg.F to 39.2 deg.F), at which point the external fat,

aponeurosis, and tendons were cleaned from the loin.

(ii) The pork loin was covered in a pickle preparation (25-30 grams

of salt for each kilogram of pork loin) and placed in a chamber where

it was maintained at a relative humidity of 75 to 95 percent and a

temperature of 3 deg.C to 4 deg.C (37.4 deg.F to 39.2 deg.F) for 72

hours.

(iii) The pork loin was removed from the pickle preparation (25-30

grams of salt for each kilogram of pork loin), externally cleaned

(brushed or rinsed), placed in an artificial casing, and fastened shut

with a metal clip.

(iv) The pork loin was placed for curing in a chamber with a

relative humidity of 60 to 90 percent and a temperature gradually

raised in 3 phases, as follows:

(A) A temperature of 2 deg.C to 6 deg.C (35.6 deg.F to 42.8

deg.F), maintained for a minimum of 20 days;

(B) A temperature of 6 deg.C to 15 deg.C (42.8 deg.F to 59.0

deg.F), maintained for a minimum of 20 days;

(C) A temperature of 15 deg.C to 25 deg.C (59.0 deg.F to 77.0

deg.F), maintained for a minimum of 40 days;

(v) Finally, with the relative humidity unchanged at 60 to 80

percent and the temperature lowered to 0 deg.C to 5 deg.C (32.0

deg.F to 41.0 deg.F), the pork loin was vacuum-packed and maintained

under those conditions for a minimum of 15 days, until at least 130

days after the start of the curing process.

(j)(1) * * *

(2) The dry-cured ham, if it is processed in accordance with

paragraphs (i)(2) or (i)(3) of this section, or the dry-cured pork

shoulder, if it is processed in accordance with paragraph (i)(4) of

this section, bears an ink seal (with the identifying number of the

slaughtering establishment) which was placed thereon at the

slaughtering establishment under the direct supervision of a person

authorized to supervise such activity by the veterinary services of the

national government of the country of origin, and an ink seal (with the

identifying number of the processing establishment and the date the

salting began) which was placed thereon at the processing

establishment, immediately prior to salting, under the supervision of a

person authorized to supervise such activity by the veterinary services

of the national government of the country of origin; or

(3) The dry-cured pork loin, if it is processed in accordance with

paragraph (i)(5) of this section, is packaged with material that bears

a seal of the government of the country of origin which was placed

thereon at the slaughtering establishment under the direct supervision

of a person authorized to supervise such activity by the veterinary

services of the national government of the country of origin, and bears

a tamper-proof plastic tag, securely attached to the pork loin itself,

that states the identifying number of the slaughtering establishment

and the date the pork loin was placed in the pickle preparation under

the supervision of a person authorized to supervise such activity by

the veterinary service of the national government of the country of

origin.

* * * * *

(m) The dry-cured ham, pork shoulder, or pork loin was processed in

accordance with one of the following criteria:

(1) * * *

(2) The Serrano ham, processed in accordance with paragraph (i)(2)

of this section, and came from any breed of large, white swine,

including but not limited to Landrace, Pietrain, Duroc, Jersey,

Hampshire, and Yorkshire breeds, and crosses of such breeds;

(3) The Iberian ham, processed in accordance with paragraph (i)(3)

of this section, and came from a swine of the Iberico breed of pigs;

(4) The Iberian pork shoulder, processed in accordance with

paragraph (i)(4) of this section, and came from a swine of the Iberico

breed of pigs;

(5) The Iberian pork loin, if processed in accordance with

paragraph (i)(5) of this section, and came from a swine of the Iberico

breed of pigs.

* * * * *

(o) The dry-cured ham, pork shoulder, or pork loin is accompanied

at the time of importation into the United States by a certificate

issued by a person authorized to issue such certificates by the

veterinary services of the national government of the country of

origin, stating:

(1) That all the provisions of this section have been complied

with, including paragraphs (i) and (m) of this section;

(2) The paragraph of this section under which the dry-cured ham,

pork shoulder, or pork loin was processed; and stating further that, if

the product covered by the certificate:

(i) Is an Italian-type ham processed under paragraph (i)(1) of this

section, it was processed for a minimum of 400 days;

(ii) Is a Serrano ham processed under paragraph (i)(2) of this

section, it was:

(A) Processed for a minimum of 190 days in a country free of swine

vesicular disease, in a facility authorized by the veterinary services

of the national government of that country to process only meat from

countries free of swine vesicular disease; or,

(B) Processed for a minimum of 560 days in any country, in a

facility that may also process meat from countries where swine

vesicular disease exists;

(iii) Is an Iberian ham processed under paragraph (i)(3) of this

section, it was:

(A) Processed for a minimum of 365 days in a country free of swine

vesicular disease, in a facility authorized by the veterinary services

of the national government of that country to process only meat from

countries free of swine vesicular disease; or,

(B) Processed for a minimum of 560 days in any country, in a

facility that may also process meat from countries where swine

vesicular disease exists;

(iv) Is a dry-cured pork shoulder, it was processed in accordance

with paragraph (i)(4) of this section for a minimum of 240 days; or

(v) Is a dry-cured pork loin, it was processed in accordance with

paragraph (i)(5) of this section for a minimum of 130 days.

Done in Washington, DC, this 27th day of October 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-27274; Filed 11-2-94; 8:45 am]

BILLING CODE 3410-34-P