Rule2021-15062
Inspection of Yak and Other Bovidae, Cervidae, and Camelidae Species
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2021
Effective
September 13, 2021
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
The Food Safety and Inspection Service (FSIS) is amending its regulations to define yak and include it among "exotic animals" eligible for voluntary inspection under 9 CFR part 352. This change is in response to a petition for rulemaking from a yak industry association, which FSIS granted in 2015. Additionally, FSIS is revising the definitions of antelope, bison, buffalo, catalo, deer, elk, reindeer, and water buffalo to make them more scientifically accurate. Moreover, FSIS is responding to comments on whether all farmed-raised species in the biological families Bovidae, Cervidae, and Camelidae, if not already subject to mandatory inspection, should be eligible for voluntary inspection, and whether any species in these families should be added to the list of amenable species requiring mandatory inspection.
Full Text
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<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
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[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37216-37218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15062]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 352
[Docket No. FSIS-2019-0028]
RIN 0583-AD73
Inspection of Yak and Other Bovidae, Cervidae, and Camelidae
Species
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending its
regulations to define yak and include it among ``exotic animals''
eligible for voluntary inspection under 9 CFR part 352. This change is
in response to a petition for rulemaking from a yak industry
association, which FSIS granted in 2015. Additionally, FSIS is revising
the definitions of antelope, bison, buffalo, catalo, deer, elk,
reindeer, and water buffalo to make them more scientifically accurate.
Moreover, FSIS is responding to comments on whether all farmed-raised
species in the biological families Bovidae, Cervidae, and Camelidae, if
not already subject to mandatory inspection, should be eligible for
voluntary inspection, and whether any species in these families should
be added to the list of amenable species requiring mandatory
inspection.
DATES: Effective September 13, 2021.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development by telephone at
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2020, FSIS proposed to amend its regulations (9 CFR
352.1) to add yak to its list of ``exotic animals'' eligible for
voluntary inspection (85 FR 33034, June 1, 2020). FSIS proposed to
define yak as a long-haired bovid animal originally found throughout
the Himalaya region of southern Central Asia and the Tibetan Plateau.
The proposed rule explained that while yak was not listed in the
regulations as an ``exotic animal,'' the Agency has inspected yak under
its voluntary program for several years.
As FSIS explained in the proposed rule, on September 3, 2014, the
International Yak Association (IYAK) submitted a petition for
rulemaking,\1\ under 9 CFR part 392, requesting that FSIS amend 9 CFR
352.1(k) to include yak under the definition of an ``exotic animal.''
The petitioner stated that because FSIS had voluntarily inspected yak
for many years, it had created an expectation among breeders and buyers
that FSIS would continue to inspect yak. On November 21, 2014, IYAK
submitted additional supporting data.\2\ IYAK had surveyed United
States yak producers and found that continued FSIS inspection of yak
meat was critical to the industry as a whole.
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\1\ See: <a href="https://www.fsis.usda.gov/wps/wcm/connect/db2ac10c-7b92-4bb4-a0d3-885641738711/Petition-YAK-112014.pdf?MOD=AJPERES">https://www.fsis.usda.gov/wps/wcm/connect/db2ac10c-7b92-4bb4-a0d3-885641738711/Petition-YAK-112014.pdf?MOD=AJPERES</a>.
\2\ IYAK asked that the supporting data remain confidential
because it contains proprietary information.
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After reviewing the petition and supporting data, FSIS decided to
grant the petition, and stated that it would continue to voluntarily
inspect yak while FSIS went through rulemaking to add yak to the list
of exotic animals eligible for voluntary inspection.<SUP>3 4</SUP>
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\3\ See: <a href="https://www.fsis.usda.gov/wps/wcm/connect/aa5f69d7-ddc6-44bc-9ff3-bc9489fcd338/IYAK-FSIS-response-120314.pdf?MOD=AJPERES">https://www.fsis.usda.gov/wps/wcm/connect/aa5f69d7-ddc6-44bc-9ff3-bc9489fcd338/IYAK-FSIS-response-120314.pdf?MOD=AJPERES</a>.
\4\ See: <a href="https://www.fsis.usda.gov/wps/wcm/connect/c109452f-4497-4144-815e-6a382b94a113/FSIS-Final-Response-IAK-080315.pdf?MOD=AJPERES">https://www.fsis.usda.gov/wps/wcm/connect/c109452f-4497-4144-815e-6a382b94a113/FSIS-Final-Response-IAK-080315.pdf?MOD=AJPERES</a>.
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In the proposed rule, FSIS also requested comments on whether the
regulations should be amended to list as eligible for voluntary
inspection all farm-raised species in the biological families Cervidae
(e.g., moose, all deer and elk), all Bovidae not currently subject to
mandatory inspection (e.g., water buffalo and impalas), and Camelidae
(e.g., camel, llama, and alpaca). And, based on interest from
stakeholders, FSIS requested comment as to whether any species in these
families, if not currently subject to mandatory inspection, should be.
FSIS already requires the inspection of some species of the biological
family Bovidae under the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601(w)). These species include cattle, sheep, and goats.
After considering the comments received on the proposed rule,
discussed below, FSIS is finalizing the proposed rule with some
changes. In response to public comment, the final rule will also amend
9 CFR 352.1 to revise the definitions of antelope (9 CFR 352.1(c)),
bison (9 CFR 352.1 (e)), buffalo (9 CFR 352.1(f)), catalo (9 CFR
352.1(g)), deer (9 CFR 352.1(j)), elk (9 CFR 352.1(l)), reindeer (9 CFR
352.1(x)), and water buffalo (9 CFR 352.1(aa)) to make them more
taxonomically accurate.
Responses to Comments
FSIS received seven comments from individuals, a yak producer, and
a llama
[[Page 37217]]
and alpaca producer. A summary of the comments and FSIS's responses
follows.
A yak producer and an individual supported defining yak and
including it among ``exotic animals'' eligible for voluntary inspection
under 9 CFR part 352. The individual stated that formally allowing for
voluntary inspection of yak will help the continued growth of the yak
industry by creating consumer trust in the product. Both commenters
stated that allowing for voluntary inspection of yak gives consumers a
healthy and sustainable red meat alternative.
Comment: Comments from three individuals stated that species from
the families Bovidae, Cervidae, and Camelidae could be slaughtered and
processed under either mandatory or voluntary inspection, depending on
whether certain criteria are met, including whether there is a
sufficient market for consumers to justify mandatory inspection.
Furthermore, the same three individuals suggested that yak should be
slaughtered and prepared under mandatory FSIS inspection. According to
these commenters, yak should be amenable under the FMIA, because it
meets the dictionary definition of ``cattle,'' and yak are transported
and held in pens for slaughter like other amenable cattle.
A producer of deer, elk, bison, llama, and alpaca recommended that
FSIS revise 9 CFR part 352 to allow for any ``large farm-raised
mammals'' to be eligible for voluntary inspection. Specifically, the
commenter requested that FSIS provide voluntary inspection for llamas
and alpacas. The commenter argued that producers of llamas and alpacas
would benefit from FSIS voluntary inspection, because it would
alleviate confusion and create consistency for the llama and alpaca
industry.
Response: FSIS would need to gather more economic and scientific
information before deciding whether to expand the list of species
eligible for voluntary inspection or subject to mandatory inspection.
Therefore, FSIS is not making any additional changes to the regulations
at this time.
Comment: A few individuals noted that 9 CFR 352.1(f) defines
``buffalo'' as ``any animal belonging to the buffalo family.'' The
commenters argued that definition should be revised because ``buffalo
family'' is not an accurate scientific classification.
Response: FSIS acknowledges that the definition of ``buffalo'' in 9
CFR 352.1(f) is not taxonomically accurate. In addition to ``buffalo,''
FSIS is correcting the definitions of all the exotic species covered
under 9 CFR 352.1. Specifically, FSIS has corrected the definitions of
antelope (9 CFR 352.1(c)), bison (9 CFR 352.1 (e)), buffalo (9 CFR
352.1(f)), catalo (9 CFR 352.1(g)), deer (9 CFR 352.1(j)), elk (9 CFR
352.1(l)), reindeer (9 CFR 352.1(x)), and water buffalo (9 CFR
352.1(aa)) to make them taxonomically accurate.
Comment: A few individuals questioned why the proposed rule did not
address rabbits and other lagomorphs that are produced under voluntary
inspection.
Response: These comments are outside of the scope of this
rulemaking, since voluntary inspection of rabbits is addressed in a
different part of its regulations, in 9 CFR part 354.
Executive Orders (E.O.s) 12866 and 13563
E.O.s 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
effects, distributive impacts, and equity). 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 rule has not been reviewed
by the Office of Management and Budget (OMB) under E.O. 12866.
FSIS has updated the number of yak establishments under the
voluntary inspection program in this final rule from those published in
the proposed rule based on more recent labeling data. In response to
comments on the proposed rule, FSIS is also clarifying the definitions
of antelope, bison, buffalo, catalo, deer, elk, reindeer, and water
buffalo in the regulations to make them more taxonomically accurate.
FSIS does not expect any quantifiable costs or benefits will be
associated with these revisions.
Expected Costs of the Final Rule
FSIS does not expect any additional industry or Agency costs as a
result of this final rule because, although yak is not currently listed
as an ``exotic animal'' eligible for voluntary inspection, FSIS has
been inspecting yak under the voluntary inspection program for many
years.
Expected Benefits of the Final Rule
In 2014, IYAK conducted a National Yak Industry Survey to support
its petition requesting that FSIS amend 9 CFR 352.1(k) to include Yak
under the definition of an ``exotic animal.'' According to IYAK's
survey, FSIS voluntarily inspected 109 yaks from 22 establishments in
2014. The IYAK survey also stated that there were 33 total
establishments slaughtering yak in 2014. From 2014 to December 3, 2020,
23 unique establishments submitted a total of 76 yak product labels to
the FSIS Labeling and Program Delivery Staff (LPDS) for approval.\5\
These establishments will benefit from being able to continue to use
their labels with FSIS's voluntary mark of inspection. According to the
2014 IYAK survey, 90 percent of the establishments surveyed noted that
USDA inspection is critical to the yak industry. Amending 9 CFR 352.1
to list yak as an ``exotic animal'' eligible for FSIS's voluntary
inspection service will avoid disruption to the yak industry and
possible economic harm to producers if FSIS stopped voluntarily
inspecting yak.
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\5\ FSIS used data from the Labeling and Program Delivery
Staff's Label Submission and Approval System (LSAS). This data was
received on December 4, 2020.
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Regulatory Flexibility Act Assessment
The FSIS Administrator has made a determination that this final
rule will not have a significant economic impact on a substantial
number of small entities in the United States, as defined by the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule will allow
FSIS to continue to voluntarily inspect yak and there will be no
increased costs to industry. Small and very small yak establishments
that choose to continue to receive voluntary inspection will benefit
from being able to continue to use their labels with FSIS's voluntary
mark of inspection. About 17 percent of the establishments that
submitted yak labels from 2014 to December 3, 2020, were classified as
small under Hazard Analysis and Critical Control Point (HACCP) sizes
and 83 percent were classified as very small.\6\ The final rule will
benefit small and very small establishments because it will continue to
give these establishments access to the FSIS voluntary mark of
inspection and access to buyers who look for that mark of inspection
when making purchasing decisions.
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\6\ FSIS used data from the Public Health Information System
(PHIS) to identify these establishments by HACCP category.
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Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this final rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
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Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. Under this rule: (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) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
E-Government Act
FSIS and USDA are committed to achieving the purpose of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizens access to Government
information and services, and for other purposes.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS website located at:
<a href="https://www.fsis.usda.gov/federal-register">https://www.fsis.usda.gov/federal-register</a>.
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 website.
Through the website, 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: <a href="https://www.fsis.usda.gov/subscribe">https://www.fsis.usda.gov/subscribe</a>. 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
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3)
email: <a href="/cdn-cgi/l/email-protection#463634292134272b682f2832272d23063335222768212930"><span class="__cf_email__" data-cfemail="572725383025363a793e3923363c32172224333679303821">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 9 CFR Part 352
Exotic Animals.
For the reasons set out in the preamble, FSIS amends 9 CFR part 352
as follows:
PART 352--EXOTIC ANIMALS AND HORSES: VOLUNTARY INSPECTION
0
1. The authority citation for part 352 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624; 7 CFR 2.17(g)and (i), 2.53.
0
2. Amend Sec. 352.1 by revising paragraphs (c), (e), (f), (g), (j),
(k), (l), (x), and (aa) and adding paragraph (bb) to read as follows:
Sec. 352.1 Definitions.
* * * * *
(c) Antelope means any of various ruminant deerlike mammals (family
Bovidae) chiefly of Africa and southwest Asia that have a slender lean
build and usually horns directed upward and backward.
* * * * *
(e) Bison (Bison bison), commonly known as the American bison or
buffalo, is a species of the genus Bison native to North America. Bison
includes catalo or cattalo.
(f) Buffalo refers to a subtribe Bubalina of the tribe Bovini
within the subfamily Bovinae that includes the water buffalo (Bubalus
bubalis) and Cape buffalo (Syncerus caffer).
(g) Catalo or Cattalo means any hybrid animal with bison (Bison
bison) appearance resulting from direct crossbreeding of bison (Bison
bison) and cattle (Bos taurus).
* * * * *
(j) Deer refers to the any farm-raised species of the family
Cervidae.
(k) Exotic animal means any reindeer, elk, deer, antelope, water
buffalo, bison, buffalo, or yak.
(l) Elk (Cervus canadensis) refers to one of the largest species
within the family Cervidae. It is native to North America and in high
mountains of Central Asia.
* * * * *
(x) Reindeer (Rangifer tarandus), commonly referred to as caribou,
is a species within the family Cervidae with circumpolar distribution,
native to Arctic, sub-Arctic, tundra, boreal, and mountainous regions
of northern Europe, Siberia, and North America.
* * * * *
(aa) Water buffalo (Bubalus bubalis), commonly known as the
domestic water buffalo or Asian water buffalo, is a large bovid
originating in the Indian subcontinent, Southeast Asia, and China.
(bb) Yak (Bos grunniens) means a long-haired bovid animal
originally found throughout the Himalaya region of southern Central
Asia and the Tibetan Plateau.
Done at Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2021-15062 Filed 7-14-21; 8:45 am]
BILLING CODE 3410-DM-P
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