Dry-Cured Pork Products

Federal RegisterApr 15, 1994

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SUMMARY: We are proposing 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. It appears that

certain dry-cured pork products, if processed in accordance with the

proposed requirements, can be imported into the United States without

presenting a significant risk of introducing these specified diseases.

DATES: Consideration will be given only to comments received on or

before June 14, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 92-067-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead (202) 690-2817 to

facilitate entry into the comment reading room.

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

Microbiologist, Import-Export Products Staff, National Center for

Import-Export, VS, 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).

The government of Spain has requested that the regulations be

amended to allow 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. To

produce these dry-cured pork products, cuts of raw pork from certain

breeds of swine are subjected to controlled curing and long-term

drying.

Under current regulations, these kinds of dry-cured pork products

are not allowed to be imported into the United States from any country

infected with FMD, rinderpest, ASF, HC, or SVD (see Secs. 94.4, 94.8,

94.9, and 94.12, respectively). Spain is infected with ASF and SVD.

Therefore, products such as these may not currently be imported into

the United States from Spain.

We have carefully considered the Spanish government's request. To

that end, in cooperation with the Ministry of Agriculture, Fisheries,

and Nutrition of Spain and other agencies within the United States

Department of Agriculture (the Department), we have conducted research

concerning the procedures currently used in Spain to manufacture these

types of dry-cured pork products. This research has demonstrated that

dry-cured pork products processed in accordance with our proposed

regulations would be free of the viruses of FMD, rinderpest, ASF, HC,

and SVD, and could be imported into the United States from countries

where FMD, rinderpest, ASF, HC, or SVD exists, without any significant

risk of these diseases being introduced into the United States.

Therefore, we are proposing to amend current Sec. 94.17, which

governs the importation of certain dry-cured hams, to allow the

importation of these additional types of dry-cured hams, pork

shoulders, and pork loins.

We propose to add requirements to allow dry-cured pork products

from swine of specified breeds to be imported into the United States

if, among other things, they are processed in a specified manner.

The proposed requirements specify steps for the controlled drying

of Serrano hams, Iberian hams, Iberian shoulders, and Iberian pork

loins. These steps have been shown to inactivate the viral agents of

FMD, rinderpest, ASF, HC, and SVD.

Product differences account for the different processing

requirements proposed for Serrano hams, Iberian hams, Iberian pork

shoulders, and Iberian pork loins. These processing requirements

satisfy the technical need to inactivate viral agents without

disrupting the nonregulatory processing steps (such as salting and

curing) that produce the distinctive flavor, color, and texture of each

dry-cured pork product.

The Department's Foreign Animal Disease Diagnostic Laboratory

(FADDL) has tested the dry-cured pork product processing procedures

specified in the proposed regulations. The testing by FADDL1 has

demonstrated that the processing procedures set forth in proposed

Secs. 94.17(i)(2) through (i)(5) are adequate to destroy the viruses of

FMD, rinderpest, ASF, HC, and SVD that might have been present in the

pork prior to processing. Testing was limited to Serrano hams, Iberian

hams, Iberian pork shoulders, and Iberian pork loins as requested by

the Spanish government; comparable tests to evaluate the virucidal

effectiveness of processing procedures for other dry-cured pork

products have not been performed. Therefore, the proposed regulations

refer only to Serrano hams, Iberian hams, Iberian shoulders, and

Iberian pork loins.

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\1\Laboratory results can be obtained from Dr. Charles A. Mebus,

Foreign Animal Disease Diagnostic Laboratory, NVSL, VS, APHIS, USDA,

Plum Island Animal Disease Center, P.O. Box 844, Greenport, NY

11944.

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In accordance with the tests conducted by FADDL, proposed

Sec. 94.17(m)(2) requires that Serrano hams come only from breeds of

large white pigs, including, but not limited to, Landrace, Pietrain,

Duroc, Jersey, Hampshire, and Yorkshire breeds and crosses of such

breeds. Similarly, proposed Secs. 94.17(m)(3), (4), and (5) provide

that Iberian hams, Iberian shoulders, and Iberian pork loins come from

the Iberico breed of black pigs. Different breeds of swine differ

physiologically, and these differences affect the way viruses present

in meat from different breeds respond to processing. Therefore, the

proposed regulations apply only to hams, shoulders, and pork loins from

the specified swine breeds.

We are also proposing to make certain amendments to the other

requirements in current Sec. 94.17. We are proposing to amend

paragraphs (a) through (g), and paragraphs (k), (l), and (n) to

indicate that the requirements in those paragraphs would also apply to

these additional dry cured pork products. Paragraphs (a) through (c)

concern the origin and source of the swine from which the pork products

were made; paragraph (d) requires certain documents to accompany the

swine to the processing establishment; and paragraphs (e) through (g),

(k), (l), and (n) pertain to the establishment where the pork products

were processed, including operating requirements, recordkeeping and

inspection requirements, and trust fund requirements.

We are proposing to amend paragraphs (h) and (j) of current

Sec. 94.17 to provide handling procedures and marking requirements for

these additional dry-cured pork products. The proposed handling

procedures and marking requirements are substantially the same as those

that apply to the dry-cured hams covered by current Sec. 94.17. As

discussed above, the differences among the specific provisions proposed

for each dry-cured pork product are attributable to the unique

qualities of flavor and texture achieved through a combination of raw

pork products and individual processing techniques (recipes). The

distinctive qualities that distinguish Iberian pork shoulders and loins

from other shoulders and loins, Iberian hams from Serrano hams, and

these hams from other dry-cured hams, are achieved through such

combinations. Room temperature, relative humidity, salting, curing

time, and other aspects of processing contribute to the products known

as Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork

loins.

Also, we are proposing to add a heading to redesignated

Sec. 94.17(i)(1) to clarify that the processing requirements set forth

in that paragraph apply to ``Italian-type hams.'' Proposed new

paragraph Sec. 94.17(i)(2) sets forth the proposed processing

requirements for Serrano hams, and proposed Sec. 94.17(i)(3) sets forth

the proposed processing requirements for Iberian hams. As discussed

above, these proposed requirements are based on testing by FADDL that

found them adequate to destroy the viruses of FMD, rinderpest, ASF, HC,

and SVD. A key finding by FADDL is that to ensure destruction of the

SVD virus, the total processing time for Serrano and Iberian hams must

be extended to 560 days. Therefore, we propose a minimum processing

time for Serrano hams of 190 days for countries where SVD does not

occur, and 560 days for countries where SVD occurs. Similarly, for

Iberian hams we propose a minimum processing time of 365 days for

countries where SVD does not occur, and 560 days for countries where

SVD occurs.

We are also proposing to revise Secs. 94.17(h), (i), (j), and (o)

to make their provisions applicable to the hams covered by this

proposal, and to simplify their language. These paragraphs currently

contain several requirements for Italian-type hams, described below,

that we propose to make applicable to Serrano hams and Iberian hams as

well, because FADDL testing indicates the requirements effectively

control viruses of FMD, rinderpest, ASF, HC, and SVD.

Section 94.17(h), in both its current and revised forms, basically

requires that workers who handle fresh pork in the processing

establishment must shower and put on a full set of clean clothes, or

wait 24 hours, before handling hams, pork shoulders, or pork loins that

have progressed in the aging/curing process. This requirement prevents

the transmission, via workers or their clothes, of viruses of FMD,

rinderpest, ASF, HC, and SVD the workers might carry from fresh pork to

hams that have already completed part of the process to destroy these

viruses.

Section 94.17(i) currently contains a requirement that Italian-type

hams may not come in contact during processing with any meat or animal

product except for pork fat treated to at least 76 deg.C (168.8

deg.F), which may be placed over the meat during curing. This heat

treatment destroys viruses of concern. We propose to make this

restriction applicable to Serrano hams and Iberian hams as well, to

prevent the possible transmission of viruses from other types of meat

or animal products.

Section 94.17(j) currently contains requirements that Italian-type

hams must be marked with the identifying number of the slaughtering

establishment, the identifying number of the processing establishment,

and the date processing began. These markings assist us in ensuring

that imported hams came from approved establishments and were processed

for the required time periods. We propose to add new paragraphs (j)(2)

and (j)(3) with similar requirements for Serrano hams and Iberian hams.

Section 94.17(o) currently contains a requirement that imported

Italian-type hams must be accompanied by a certificate documenting that

the ham was processed for at least 400 days and that all provisions of

the regulations have been met. This requirement enhances enforcement of

the regulations and simplifies activities at the port of arrival. We

propose to make this certificate requirement applicable to Serrano hams

and Iberian hams as well, and to specify that the certificate must

accurately record a minimum processing time of 400 days for Italian-

type hams, 190 days for Serrano hams (560 days if from a country where

SVD exists), and 365 days for Iberian hams (560 days if from a country

where SVD exists). These minimum processing times are consistent with

the standards in proposed Sec. 94.17(i).

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866

and been determined not significant for purposes of Executive Order

12866. Therefore, this proposed rule has not been reviewed by the

Office of Management and Budget.

The Animal and Plant Health Inspection Service (APHIS) estimates

that if these proposed regulations are adopted, between 5-15 metric

tons of dry-cured hams, pork shoulders, and pork loins would be

imported into the United States during the first year of importation.

Products imported in accordance with the regulations would have an

approximate retail value of $352,500-$1,057,500. In Spain, these

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

per pound in the United States would be higher.

Over the next decade, we estimate annual imports would 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 would 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 would

average between $33-$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 which would be allowed

to be imported into the United States under the proposed regulations

are not produced in the United States. Certain dry-cured pork products

produced in Virginia do resemble, in appearance, the products we

propose to allow 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 would 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 imports of dry-cured

pork products imported under the current regulations were approximately

429 metric tons. 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 as would be allowed under these proposed

regulations 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 would

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

entities.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted:

(1) All State and local laws and regulations that are inconsistent

with this rule will be preempted;

(2) No retroactive effect will be given to this rule; and

(3) Administrative proceedings will not be required 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 proposed rule have been submitted for approval to the

Office of Management and Budget. Please send written comments to the

Office of Information and Regulatory Affairs, OMB, Attention: Desk

Officer for APHIS, Washington, DC 20503. Please send copies of your

comments to:

(1) Chief, Regulatory Analysis and Development, PPD, APHIS, USDA,

room 804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782,

and

(2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and

Independence Avenue SW., Washington, DC 20250.

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, we are proposing to amend 9 CFR part 94 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 would continue 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).

Sec. 94.17 [Amended]

2. Section 94.17 would be amended as follows:

a. The heading would be revised as set forth below.

b. The introductory text would be amended by adding ``dry-cured''

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

``ham''.

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

would each be amended by adding ``dry-cured'' before ``ham'' and by

adding ``, pork shoulder, or pork loin'' after ``ham''each place it

appears.

d. Paragraphs (f) and (g) would each be amended by adding ``dry-

cured'' before ``hams'', and by adding ``, pork shoulders, or pork

loins'' after ``hams''each place it appears.

e. Paragraph (h) would be revised as set forth below.

f. Paragraph (i) would be redesignated as paragraph (i)(1) and at

the beginning of the sentence, before the word ``The'', the heading

``Italian-type hams.'' would be added; at the end of the paragraph, 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;'' would be removed and a period would be

added in its place.

g. In paragraph (i), introductory text and paragraphs (i)(2),

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

h. Paragraph (j) would be redesignated as paragraph (j)(1), and 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,'' would be added.

i. New paragraphs (j)(2) and (j)(3) would be added to read as set

forth below.

j. Paragraph (m) would be redesignated as paragraph (m)(1), and 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,'' would be added.

k. In paragraph (m), introductory text and paragraphs (m)(2),

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

l. Paragraph (o) would be revised to read as set forth below. The

additions and revisions read as follows:

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.

* * * * *

(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 paragraph (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) After slaughter, the ham was frozen to -40 deg.C (-40 deg.F)

and held at a temperature no higher than -18 deg.C (-0.4 deg.F) for a

minimum of 30 days;

(ii) The ham was thawed in a chamber with relative humidity between

70 and 80 per cent, 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;

(iii) 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 85 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;

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

remaining surface salt;

(v) 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;

(vi) 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;

(vii) 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. In

a country where SVD 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) After slaughter, the ham was frozen to -40 deg.C (-40 deg.F)

and held at a temperature no higher than -18 deg.C (-0.4 deg.F) for

at least 30 days;

(ii) The ham was thawed in a chamber with relative humidity between

70 and 80 per cent, 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;

(iii) 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 70 and 80 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;

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

remaining surface salt;

(v) 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;

(vi) 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;

(vii) 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;

(viii) 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. In

a country where SVD 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) After slaughter, the pork shoulder was frozen to -40 deg.C

(-40 deg.F) and held at a temperature no higher than -18 deg.C (-0.4

deg.F) for at least 30 days;

(ii) The pork shoulder 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;

(iii) 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;

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

remove any remaining surface salt;

(v) 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;

(vi) 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;

(vii) 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;

(viii) 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) After slaughter, the pork loin was frozen to -40 deg.C (-40

deg.F) and held at a temperature no higher than -18 deg.C (-0.4

deg.F) for at least 30 days;

(ii) The pork loin 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;

(iii) 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 85 percent and

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

72 hours;

(iv) 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;

(v) 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;

(vi) 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; bears a tamper-

proof plastic tag, tightly fitted around the hock, that states the

month and year that the ham or pork shoulder entered the processing

establishment; 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 (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 which has remained

intact throughout transportation and processing, and bears a tamper-

proof plastic tag, tightly fitted at one end, with the date the loin

was placed in the pickle preparation under the supervision of a person

authorized to supervise such activity by the veterinary services 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 black

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 black 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 black 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 processed for a minimum of 190 days or, if processed in

a country where SVD exists, for a minimum of 560 days;

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

section, it was processed for a minimum of 365 days or, if processed in

a country where SVD exists, for a minimum of 560 days;

(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 7th day of April 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-9029 Filed 4-14-94; 8:45 am]

BILLING CODE 3410-34-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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