Products From Foreign Countries; Eligibility for Import Into the United States

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 327 and 381

[Docket No. 95-003F]

RIN 0583-AB88

Products From Foreign Countries; Eligibility for Import Into the

United States

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending

those paragraphs of the imported products sections of the Federal meat

and poultry products inspection regulations that contain the phrase

``at least equal to'' by replacing that phrase with the words

``equivalent to.'' This action will amend language in the Federal meat

and poultry products inspection regulations to correctly reflect the

language used in the Uruguay Round Agreements Act, which was enacted to

comply with the General Agreement on Tariffs and Trade, 1994 (GATT).

Subtitle B, section 431, paragraph (k) of Title IV of the Uruguay

Round Agreements Act of 1994, Pub. L. No. 103-465, 108 Stat. 4809

(1994), amends section 17(d)(1) of the Poultry Products Inspection Act

(PPIA) (21 U.S.C. Sec. 466(d)(1)) to require that all imported poultry

or poultry products intended for human consumption be subject to

foreign inspection that achieves a level of sanitary protection

equivalent to that achieved under United States standards. Imported

poultry and poultry products must also be processed by the exporting

country in facilities and under conditions that achieve that same level

of sanitary protection. In addition, paragraph (k) amends section

17(d)(2) of the PPIA (21 U.S.C. Sec. 466(d)(2)) to allow the Secretary

of Agriculture to treat the meat and poultry standards of exporting

countries as ``equivalent to'' United States standards if the exporting

countries provide the Secretary with sufficient scientific evidence to

demonstrate that their standards achieve the level of sanitary

protection achieved under the United States standard. Subtitle B,

section 431, paragraph (l),

[[Page 38668]]

Title IV, of the Uruguay Round Agreements Act similarly amends section

20(e)(1), subparagraphs (A) and (B) of the Federal Meat Inspection Act

(21 U.S.C. 620(e)(1)(A) and (B)).

Because this codification is required by GATT, we expect no adverse

public reaction resulting from this change in regulatory language.

Therefore, unless notice is received within 30 days that someone wishes

to submit adverse or critical comments, the action will become final 60

days after publication in the Federal Register. If critical comments

are received, the final rulemaking notice will be withdrawn and a

proposed rulemaking notice will be published. The proposed rulemaking

notice will establish a comment period.

DATES: This action will become effective September 26, 1995 unless

notice is received on or before August 28, 1995 that adverse or

critical comments will be submitted.

FOR FURTHER INFORMATION CONTACT: Dr. Paula M. Cohen, Director,

Regulations Development, Policy, Evaluation and Planning Staff, Food

Safety and Inspection Service, U.S. Department of Agriculture,

Washington, DC 20250-3700; (202) 720-7164.

SUPPLEMENTARY INFORMATION:

Background

Sections 327.2 and 327.4 of the Federal meat inspection regulations

and Secs. 381.196 and 381.197 of the poultry products inspection

regulations currently require that foreign country meat and poultry

inspection systems be ``at least equal to'' those in the United States

if foreign countries wish to export meat and poultry products to the

United States. In December, 1994, however, in accordance with GATT's

Uruguay Round negotiations, the President of the United States signed

the Uruguay Round Agreements Act into law. Under this new law, drafted

to comply with GATT, the United States can no longer require foreign

countries wishing to export meat and poultry products to have meat and

poultry inspection systems that are ``at least equal'' to those in the

United States; instead, foreign inspection systems must be ``equivalent

to'' domestic inspection systems. Therefore, FSIS is amending its

regulations to require that foreign inspection systems that export meat

and poultry products to the United States be ``equivalent to'' domestic

inspection systems.

Executive Order 12866

This rule has been determined to be not significant and therefore

has not been reviewed by the Office of Management and Budget.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. States and local jurisdictions are preempted by the

Federal Meat Inspection Act and the Poultry Products Inspection Act

(PPIA) from imposing any marking or packaging requirements on federally

inspected meat and poultry products that are in addition to, or

different than, those imposed under the FMIA or the PPIA. States and

local jurisdictions may, however, exercise concurrent jurisdiction over

meat and poultry products that are outside official establishments for

the purpose of preventing the distribution of meat and poultry products

that are misbranded or adulterated under the FMIA or PPIA, or, in the

case of imported articles, which are not at such an establishment,

after their entry into the United States.

This rule is not intended to have retroactive effect.

There are no applicable administrative procedures that must be

exhausted prior to any judicial challenge to the provisions of this

rule. However, the administrative procedures specified in 9 CFR 306.5

and 381.35 must be exhausted prior to any judicial challenge of the

application of the provisions of this rule, if the challenge involves

any decision of an FSIS employee relating to inspection services

provided under the FMIA or the PPIA.

Effect on Small Entities

The Administrator has made an initial determination that this rule

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

small entities, as defined by the Regulatory Flexibility Act (5 U.S.C.

601). This direct final rule does not impose any requirements on

American entities. It applies only to foreign countries that wish to

export meat and poultry products to the United States.

List of Subjects

9 CFR Part 327

Food Labeling, Food Packaging, Imports, Meat Inspection

9 CFR Part 381

Food labeling, Food packaging, Imports, Poultry and poultry

products.

For the reasons set out in the preamble, 9 CFR parts 327 and 381

are amended as follows:

PART 327--IMPORTED PRODUCTS

1. The authority citation for part 327 continues to read as

follows:

Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.

Secs. 327.2 and 327.4 [Amended]

2. Remove the word's ``at least equal to'' and add, in their place,

the words ``equivalent to'' in the following places:

Section 327.2(a)(1), (a)(2)(i) introductory text, (a)(2)(ii)

introductory text, (a)(2)(iv) introductory text, the text of the

Certificate following paragraph (a)(3), (a)(4), and the text of each

Certificate following 327.4 (a) and (b).

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

1. The authority citation for part 381 continues to read as

follows:

Authority: 7 U.S.C 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR

2.17, 2.55.

Sec. 381.196 [Amended]

2. Remove the words ``at least equal to'' and add, in their place,

the words ``equivalent to'' in the following places:

Section 381.196(a)(1), (a)(2)(i) introductory text, (a)(2)(ii)

introductory text, (a)(2)(iv) introductory text, the text of the

Certificate following paragraph (a)(3), and (a)(4).

Done at Washington, DC, on July 18, 1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95-18480 Filed 7-27-95; 8:45 am]

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