Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) SystemsSample CollectionTechnical Amendments and Corrections: Direct Final Rule

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 97-080W]

RIN 0583-AC40

Pathogen Reduction; Hazard Analysis and Critical Control Point

(HACCP) Systems--Sample Collection--Technical Amendments and

Corrections: Direct Final Rule

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Partial withdrawal of direct final rule.

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

the part of a direct final rule that added a Salmonella performance

standard for fresh pork sausage to the Federal meat inspection

regulations. FSIS is withdrawing this regulatory amendment because it

received an adverse written comment within the scope of the rulemaking

in response to the direct final rule. Elsewhere in this issue of the

Federal Register, FSIS has published a proposed rule for the

performance standard.

EFFECTIVE DATE: January 12, 1998.

ADDRESSES: Submit an original and two copies of written comments to:

FSIS Docket Clerk, Docket #97-080W, U.S. Department of Agriculture,

Food Safety and Inspection Service, Room 102, Cotton Annex, 300 12th

Street, SW., Food Safety and Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250-3700. Reference materials cited in

this docket will be available for public inspection in the FSIS Docket

Room from 8:30 a.m. to 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Stolfa, Assistant Deputy

Administrator, Office of Policy, Program Development and Evaluation,

(202) 205-0699.

SUPPLEMENTARY INFORMATION: In a direct final rule published in the

Federal Register on November 14, 1997 (62 FR 61007) FSIS, among other

things, notified the public of its intent to establish a Salmonella

performance standard for fresh pork sausages (9 CFR 310.25(b)(1)). FSIS

solicited comments concerning the direct final rule for a 30-day period

ending December 15, 1997. FSIS stated that the effective date of the

proposed amendment would be 60 days after publication of the direct

final rule in the Federal Register, unless the Agency received adverse

written comments or a notice of intent to submit adverse comments

within the scope of the rulemaking by the close of the comment period.

FSIS also stated that if it received such comments, it would publish a

notice in the Federal Register withdrawing the direct final rule before

the scheduled effective date and would publish a proposed rule for

public comment.

FSIS received adverse comments within the scope of the rulemaking

from the law firm of McDermott, Will & Emery representing Jimmy Dean

Foods, Inc. and Odom's Tennessee Pride Sausage, Inc. Therefore, FSIS is

withdrawing the 9 CFR 310.25(b)(1) Salmonella performance standard

regulatory amendment and is issuing a proposed rule elsewhere in this

issue of the Federal Register. There were no adverse comments received

regarding the other provisions of the direct final rule. Therefore, the

following provisions will become effective on January 13, 1997: (1) The

amendment to 9 CFR Sec. 381.94 allowing poultry samples to be taken

from the end of the slaughter line if collecting samples from the end

of the chilling process is impracticable; (2) the amendment to 9 CFR

Sec. 381.94 allowing turkeys to be sampled by sponging the carcass on

the back and thigh; and (3) the technical correction to 9 CFR

Sec. 417.2 to reference the Poultry Products Inspection Act.

For the reasons set forth in the preamble, the amendment revising

table 2 in Sec. 310.25(b)(1), published at 62 FR 61008 (November 14,

1997), is withdrawn.

Done at Washington, DC, on January 5, 1998.

Thomas J. Billy,

Administrator.

[FR Doc. 98-575 Filed 1-9-98; 8:45 am]

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