Proposed Rule2021-15438
Certified Products for Dogs, Cats, and Other Carnivora; Inspection, Certification, and Identification as to Class, Quality, Quantity, and Condition
Primary source
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Published
July 28, 2021
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
The Food Safety and Inspection Service (FSIS) is proposing to end the program under which FSIS inspectors provide fee-for-service certification that certain foods for dogs, cats and other carnivora (pet food) are produced under sanitary conditions and meet compositional and labeling requirements. The certified pet food regulations are outdated, and no firms are currently paying for FSIS certification services for pet food. Further, the fact that both USDA and the Food and Drug Administration (FDA) inspect pet food has led to industry and consumer confusion, and both agencies agree that stakeholders will benefit from the simplification of Federal jurisdiction over pet food.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40369-40370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15438]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 355
[Docket No. FSIS-2020-0013]
RIN 0583-AD83
Certified Products for Dogs, Cats, and Other Carnivora;
Inspection, Certification, and Identification as to Class, Quality,
Quantity, and Condition
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
end the program under which FSIS inspectors provide fee-for-service
certification that certain foods for dogs, cats and other carnivora
(pet food) are produced under sanitary conditions and meet
compositional and labeling requirements. The certified pet food
regulations are outdated, and no firms are currently paying for FSIS
certification services for pet food. Further, the fact that both USDA
and the Food and Drug Administration (FDA) inspect pet food has led to
industry and consumer confusion, and both agencies agree that
stakeholders will benefit from the simplification of Federal
jurisdiction over pet food.
DATES: Submit comments on or before September 27, 2021.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
<bullet> Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the on-line instructions at that site for
submitting comments.
<bullet> Mail: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
<bullet> Hand- or Courier-Delivered Submittals: Deliver to 1400
Independence Avenue SW, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2020-0013. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
Under the Federal Food, Drug, and Cosmetic Act (FFDCA), FDA is
responsible for ensuring that pet food is safe for animals, produced
under sanitary conditions, contains no harmful substances, and is
truthfully labeled. FDA has had authority to regulate pet food since
the FFDCA was passed in 1938. FDA does not charge pet food producers a
fee for any FDA activities related to pet food. Individual States also
regulate and inspect pet food.
Since 1958, under the Agricultural Marketing Act at 7 U.S.C.
1622(h), USDA also has provided for the certification of pet food as
having been produced under sanitary conditions and meeting
compositional and labelling requirements.\1\ Under the regulations at 9
CFR part 355, participating facilities pay for this certification. The
regulations governing FSIS certification services for pet food have not
been substantively amended since the 1960's; therefore, the
requirements are outdated (e.g., requirements regarding pet food
ingredients and the submission of firm blueprints). Additionally, the
regulations allow for certification only of certain categories of pet
food (i.e., canned or semi-moist maintenance food, canned or fresh
frozen certified supplemental animal foods, and canned certified
variety meats). Many types of pet foods developed in the last few
decades are thus not eligible for FSIS certification (e.g., pet jerky,
pet treats, pet rawhides, raw pet food, freeze-dried
[[Page 40370]]
pet food, and prescription pet food). Likely for these reasons, as of
June 2020, no firms were participating in the FSIS certified pet food
program.
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\1\ See 23 FR 10107: <a href="https://www.govinfo.gov/content/pkg/FR-1958-12-23/pdf/FR-1958-12-23.pdf#page=1">https://www.govinfo.gov/content/pkg/FR-1958-12-23/pdf/FR-1958-12-23.pdf#page=1</a>.
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FSIS is proposing to remove 9 CFR part 355 from the regulations
because the certified pet food regulations are outdated, no companies
use the voluntary service, and the regulations have led to industry and
consumer confusion. FSIS and FDA agree that stakeholders will benefit
from a single set of Federal pet food safety regulations under FDA
jurisdiction.
Executive Orders 12866 and 13563
Executive Orders (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 proposed rule has been designated a ``non-significant'' regulatory
action under section 3(f) of E.O. 12866. Accordingly, this proposed
rule has not been reviewed by the Office of Management and Budget (OMB)
under E.O. 12866.
Expected Costs and Benefits of the Proposed Rule
The proposed rule (i.e., removing 9 CFR part 355) would clarify
that FDA has sole Federal jurisdiction over pet food inspection,
benefiting industry and consumers by reducing confusion. As described
above, the certified pet food regulations are outdated and unnecessary.
As of June 2020, no firms were using FSIS' certified pet food program.
As such, the proposed rule is not expected to increase industry or
Agency costs or have a negative public health impact.
Regulatory Flexibility Act Assessment
The FSIS Administrator has made a preliminary determination that
this proposed 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). The proposed rule is not expected to
increase costs to the industry.
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this proposed rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
E-Government Act
FSIS and the U.S. Department of Agriculture (USDA) are committed to
achieving the purposes 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 citizen 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 and officially notify the World Trade
Organization's Committee on Sanitary and Phytosanitary Measures (WTO/
SPS Committee) in Geneva, Switzerland, of this proposal on-line through
the FSIS web page 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. Constituent Updates are available on the FSIS web page.
Through the web page, 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#cfbfbda0a8bdaea2e1a6a1bbaea4aa8fbabcabaee1a8a0b9"><span class="__cf_email__" data-cfemail="fe8e8c91998c9f93d097908a9f959bbe8b8d9a9fd0999188">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 9 CFR Part 355
Certified Pet Food.
PART 355--[REMOVED]
0
Accordingly, under the authority 7 U.S.C. 1622, 1624; 7 CFR 2.17 (g)
and (i), 255, the Food Safety and Inspection Service proposes to amend
9 CFR chapter III by removing part 355.
Paul Kiecker,
Administrator.
[FR Doc. 2021-15438 Filed 7-27-21; 8:45 am]
BILLING CODE 3410-DM-P
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