Rule2022-27413
Uniform Compliance Date for Food Labeling Regulations
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
December 20, 2022
Effective
December 20, 2022
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
FSIS is establishing January 1, 2026, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2023, and December 31, 2024. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Rules and Regulations]
[Pages 77707-77708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27413]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 /
Rules and Regulations
[[Page 77707]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS-2022-0016]
RIN 0583-AD77
Uniform Compliance Date for Food Labeling Regulations
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: FSIS is establishing January 1, 2026, as the uniform
compliance date for new meat and poultry product labeling regulations
that will be issued between January 1, 2023, and December 31, 2024.
FSIS periodically announces uniform compliance dates for new meat and
poultry product labeling regulations to minimize the economic impact of
label changes.
DATES:
Effective date: This rule is effective December 20, 2022.
Compliance date: The uniform compliance date for new meat and
poultry product labeling regulations that will be issued between
January 1, 2023, and December 31, 2024, is January 1, 2026.
Comments due date: Comments on this final rule must be received on
or before January 19, 2023.
ADDRESSES: FSIS invites interested persons to submit comments on this
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 online 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, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2022-0016. 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) 205-0495 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Contact Rosalyn Murphy-Jenkins,
Director, Labeling and Program Delivery Staff, Office of Policy and
Program Development, Food Safety and Inspection Service, U.S.
Department of Agriculture, Telephone: (301) 504-0878.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 2004, FSIS issued a final rule establishing January
1, 2008, as the uniform compliance date for new meat and poultry
labeling regulations issued between January 1, 2005, and December 31,
2006 (69 FR 74405). The 2004 final rule also provided that the Agency
would set uniform compliance dates for new labeling regulations in 2-
year increments and periodically issue final rules announcing and
requesting comments on those dates. Consistent with the 2004 final
rule, the Agency has since published eight rules establishing the
uniform compliance dates of January 1, 2010, January 1, 2012, January
1, 2014, January 1, 2016, January 1, 2018, January 1, 2020, January 1,
2022, and January 1, 2024 (72 FR 9651, 73 FR 75564, 75 FR 71344, 77 FR
76824, 79 FR 71007, 81 FR 91670, 83 FR 63052, and 85 FR 81339).
The Final Rule
The new uniform compliance date will apply only to final FSIS
regulations that require changes in the labeling of meat and poultry
products and that are published after January 1, 2023, and before
December 31, 2024. For each final rule that requires changes in
labeling, FSIS will specifically identify January 1, 2026, as the
compliance date. All meat and poultry food products that are subject to
labeling regulations issued between January 1, 2023, and December 31,
2024, will be required to comply with these regulations on products
introduced into commerce on or after January 1, 2026. If any food
labeling regulation involves special circumstances that justify a
compliance date other than January 1, 2026, the Agency will determine
an appropriate compliance date and will publish that compliance date in
the rulemaking.
Two-year increments increase industry's ability to make orderly
adjustments to new labeling requirements without exposing consumers to
outdated labels. This approach allows meat and poultry producers to
plan for the use of label inventories and to develop new labeling
materials that meet the new requirements. It also serves to reduce the
economic impact of changing labels on both producers and consumers.
In the March 5, 2007, final rule, FSIS received only four comments
on the announced uniform compliance dates, all in support. In the March
5, 2007, final rule, FSIS determined that further rulemaking for
uniform compliance dates for labeling requirements is unnecessary (72
FR 9651). The Agency received no comments on the 2007 final rule, the
comments FSIS received on the 2012 final rule were outside the scope
(77 FR 76824), and FSIS received no comments on the 2014 final rule (79
FR 71007) or the 2016 final rule (81 FR 91670). The Agency received
four comments on the 2018 final rule, all in support. The Agency
received four comments on the 2020 final rule; one was outside the
scope of the rulemaking and three were in support of the rule.
Consistent with its statement in 2007, FSIS finds that further
rulemaking on this matter is unnecessary. However, FSIS is providing an
opportunity for comment on the uniform compliance date established in
this final rule.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 77708]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
benefits, 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 final rule has not been
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.
This rule does not have a significant economic impact on a
substantial number of small entities; consequently, a regulatory
flexibility analysis is not required (5 U.S.C. 601-612).
Paperwork Reduction Act
FSIS has reviewed this rule under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520) and has determined that there is no new
information collection related to this final rule. Under this final
rule, the Agency is establishing January 1, 2026, as the uniform
compliance date for new meat and poultry product labeling regulations
that will be issued between January 1, 2023, and December 31, 2024. The
relevant information collection or record keeping requirements are
covered under OMB approval number 0583-0092, Marking, Labeling, and
Packaging.
E-Government Act
FSIS and 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.
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. However, parties may be required
to exhaust their administrative remedies before challenging in court
any specific agency action that is the subject of an appeal pursuant to
this rule.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
E.O. 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' E.O. 13175 requires Federal agencies to consult and
coordinate with tribes on a government-to-government basis on policies
that have tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions, and modifications identified herein are not expressly
mandated by Congress.
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 web page located at:
<a href="https://www.fsis.usda.gov/federal-register">https://www.fsis.usda.gov/federal-register</a>.
FSIS will also announce and provide a link to it 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 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="http://www.fsis.usda.gov/subscribe">http://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's Non-Discrimination Statement
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, 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.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.ocio.usda.gov/document/ad-3027">https://www.ocio.usda.gov/document/ad-3027</a>, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted 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; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#3c4c4e535b4e5d51125552485d57597c494f585d125b534a"><span class="__cf_email__" data-cfemail="69191b060e1b08044700071d08020c291c1a0d08470e061f">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Paul Kiecker,
Administrator.
[FR Doc. 2022-27413 Filed 12-19-22; 8:45 am]
BILLING CODE 3410-DM-P
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