Rule2026-10186
Visual Post-Mortem Inspection in Swine Slaughter Establishments
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Published
May 21, 2026
Effective
July 20, 2026
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
FSIS is amending its regulations to end mandatory mandibular lymph nodes ("lymph nodes") incision and viscera palpation of swine carcasses in all swine slaughter establishments (i.e., establishments operating under traditional swine slaughter inspection or the New Swine Slaughter Inspection System (NSIS)). Mandibular lymph nodes incision and viscera palpation of swine carcasses are not needed to ensure food safety, as FSIS swine condemnation rates are low and disease conditions that are condemnable defects can be detected visually through other pathological changes in the carcass and its parts. Therefore, FSIS is amending the meat inspection regulations to remove requirements for establishment sorters to "incise mandibular lymph nodes and palpate the viscera" as part of their sorting activities before FSIS post- mortem inspection in NSIS establishments. FSIS is also amending the post-mortem swine inspection staffing standards table applicable to swine slaughter establishments operating under traditional inspection. This change will allow FSIS more flexibility to assign inspection program personnel (IPP) based on the establishment's line configuration, other establishment operations, and FSIS staffing needs.
Full Text
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Rules and Regulations]
[Pages 29879-29888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10186]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 91, No. 98 / Thursday, May 21, 2026 / Rules
and Regulations
[[Page 29879]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 310
[Docket No. FSIS 2024-0023]
RIN 0583-AD99
Visual Post-Mortem Inspection in Swine Slaughter Establishments
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: FSIS is amending its regulations to end mandatory mandibular
lymph nodes (``lymph nodes'') incision and viscera palpation of swine
carcasses in all swine slaughter establishments (i.e., establishments
operating under traditional swine slaughter inspection or the New Swine
Slaughter Inspection System (NSIS)). Mandibular lymph nodes incision
and viscera palpation of swine carcasses are not needed to ensure food
safety, as FSIS swine condemnation rates are low and disease conditions
that are condemnable defects can be detected visually through other
pathological changes in the carcass and its parts. Therefore, FSIS is
amending the meat inspection regulations to remove requirements for
establishment sorters to ``incise mandibular lymph nodes and palpate
the viscera'' as part of their sorting activities before FSIS post-
mortem inspection in NSIS establishments. FSIS is also amending the
post-mortem swine inspection staffing standards table applicable to
swine slaughter establishments operating under traditional inspection.
This change will allow FSIS more flexibility to assign inspection
program personnel (IPP) based on the establishment's line
configuration, other establishment operations, and FSIS staffing needs.
DATES: Effective July 20, 2026.
FOR FURTHER INFORMATION CONTACT: April Regonlinski, Assistant
Administrator, Office of Policy and Program Development, at (202) 205-
0495.
SUPPLEMENTARY INFORMATION:
I. Background
On August 19, 2025, FSIS published the proposed rule, ``Visual
Post-Mortem Inspection in Swine Slaughter Establishments'' (90 FR
40257), which proposed to amend FSIS' inspection regulations to end
mandatory mandibular lymph node incision and viscera palpation of swine
carcasses in all swine slaughter establishments. Specifically, FSIS
proposed to amend the meat inspection regulations to remove
requirements for establishment sorters to ``incise mandibular lymph
nodes and palpate the viscera'' as part of their sorting activities
before FSIS post-mortem inspection in NSIS establishments. FSIS also
proposed to amend the post-mortem swine inspection staffing standards
table applicable to swine slaughter establishments operating under
traditional inspection.
As discussed in the proposed rule, lymph node incision and viscera
palpation of swine carcasses are not needed to ensure food safety, as
FSIS swine condemnation rates are low and disease conditions that are
condemnable defects can be detected visually through other pathological
changes in the carcass and its parts (90 FR 40257, 40258). Further,
research demonstrated that visual-based post-mortem swine inspection
procedures may reduce the probability of carcass cross-contamination by
microbial food safety hazards (90 FR 40257, 40258). Therefore, removing
the requirements for lymph node incision and viscera palpation during
post-mortem NSIS sorting activities and traditional swine inspection
may improve food safety.
As also discussed in the proposed rule, ending mandatory lymph node
incision and viscera palpation in swine slaughter establishments will
improve FSIS inspection efficiency, make better use of FSIS inspection
resources, and provide flexibility to industry (90 FR 40257, 40258). In
traditional swine slaughter establishments, the final rule will allow
FSIS more flexibility to assign IPP based on the establishment's line
configuration, other establishment operations, and FSIS staffing needs.
Removing the lymph node incision and viscera palpation requirements for
NSIS establishments may also reduce establishments' costs to operate
under the NSIS because they may be able to reduce the number of
employees required to make carcasses ready for inspection before the
head and viscera stations.
II. Final Rule
FSIS is finalizing the proposed rule with no changes. The final
rule will revise 9 CFR 310.26(b) to remove requirements for
establishment sorters to incise lymph nodes and palpate the viscera in
swine slaughter establishments operating under the NSIS. Establishment
sorters will continue to conduct carcass sorting activities and
identify any condemnable conditions or defects before carcasses are
presented to online IPP, as currently required under these regulations.
For example, establishment sorters will still be required to visually
examine all surfaces of viscera to detect condemnable conditions or
defects.
The final rule also will revise the post-mortem inspection staffing
standards applicable to swine slaughter establishments operating under
traditional inspection in 9 CFR 310.1(b)(3)(ii). Specifically, the
heading of Table 4 in 9 CFR 310.1(b)(3)(ii) will be revised to state
that the listed number of inspectors per station (i.e., the head,
viscera, and carcass stations) will be the maximum number of inspectors
required. Because FSIS is removing unnecessary inspection procedures,
the Agency may be able to assign fewer online inspectors at the head
and viscera inspection stations in traditional swine slaughter
establishments.
As stated in the proposed rule, FSIS will not make changes to its
staffing in NSIS establishments as a result of the final rule (90 FR
40257, 40259). Establishment sorters, rather than FSIS inspectors,
incise lymph nodes and palpate the viscera in NSIS establishments. FSIS
inspectors already conduct a primarily visual post-mortem inspection of
the head, viscera, and carcass. Eliminating the requirement for
establishment sorters to incise lymph nodes and palpate the viscera
should not impact the workload of FSIS inspectors in NSIS
establishments.
Additionally, ending mandatory lymph node incision and viscera
[[Page 29880]]
palpation under the final rule will have no impact on line speed
requirements for traditional or NSIS swine slaughter establishments (90
FR 40257, 40259).
On the effective date of this final rule, FSIS will update its
instructions to IPP on the primarily visual inspection of lymph nodes
and viscera during post-mortem traditional swine inspection.\1\
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\1\ See FSIS Directive 6100.2, Post-Mortem Livestock Inspection,
available at: <a href="https://www.fsis.usda.gov/policy/fsis-directives/6100.2">https://www.fsis.usda.gov/policy/fsis-directives/6100.2</a>; and FSIS Directive 6600.1, New Swine Slaughter Inspection
System: Ante-Mortem and Post-Mortem Inspection and Verification of
Food Safety and Ready-to-Cook Requirements, available at: <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/6600.1.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/6600.1.pdf</a>.
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III. Summary of Comments and Responses
The proposed rule comment period closed on October 20, 2025. FSIS
received 37 comments on the proposed rule from meat producers,
consumers, IPP, and trade associations representing the meat industry.
The producers, trade associations, and a few consumers supported
the proposed rule, agreeing that universal lymph node incision and
viscera palpation are not needed to ensure food safety. A few trade
associations and producers stated that the proposed rule would remove
unnecessary burdens on both the Agency and industry, and represent a
data-centered, science-based effort to reduce microbial cross-
contamination food safety risks. A few trade associations specifically
stated that the proposed rule would allow for further industry research
on post-mortem swine inspection, including Salmonella contamination
mitigation strategies. However, IPP who commented were opposed to the
proposed rule. Specifically, IPP disagreed that the end of universal
lymph node incision and viscera palpation would result in increased
inspection efficiency and argued that incision and palpation are needed
to ensure food safety.
A summary of the relevant issues raised by commenters and the
Agency's responses follows.
A. Swine Class and Type Applicability
Comment: One trade association asked the Agency to clarify that the
proposed rule would apply to all classes (e.g., market hogs, sows,
boars) and ages of swine. One consumer asked the Agency to clarify that
the proposed rule would apply to older swine and other types of swine
(e.g., feral swine).
Response: The final rule will apply to all classes and ages of
swine processed in all swine slaughter establishments operating under
traditional FSIS swine slaughter inspection or the NSIS.
B. FSIS Staffing at Traditional Establishments
Comment: A few trade associations, while generally supportive of
the proposed rule, raised concerns that the proposed rule may create
issues of IPP availability and inspection consistency across
establishments. A few trade associations specifically stated that the
Agency's expected reduction in the total number of assigned IPP in
traditional establishments may cause reduced IPP availability to
perform inspection activities. One trade association stated that full
IPP staffing is required for establishments to efficiently operate and
ensure the production of safe and wholesome pork products. Another
trade association argued that the expected staffing reductions would
make it difficult for the Agency to cover absences, complete offline
tasks, and conduct export verifications. One trade association stated
that reduced IPP assignments may cause an uneven playing field across
the industry, whereby establishments with more assigned IPP are subject
to an overabundance of inspection and establishments with fewer
assigned IPP struggle to maintain operations and receive timely export
verifications.
A few trade associations stated that should IPP reductions occur,
FSIS should prioritize reassignments to address discrete absences,
broader district and circuit staff shortages, or to fill offline
inspection roles and complete export inspection tasks. One trade
association stated that the Agency should reconsider its plan to rely,
in part, on IPP attrition to adjust FSIS staffing. The commenter
explained that reductions, created through attrition, could cause too
much inspection inconsistency.
Response: The end of universal lymph node incision and viscera
palpation during post-mortem swine inspection is expected to result in
a more efficient allocation of FSIS inspection resources, as online IPP
will no longer be required to spend time incising and palpating (90 FR
40257, 40260). Therefore, the Agency may reduce the number of online
IPP in some traditional swine slaughter establishments, if appropriate.
As stated in the proposed rule, the Agency would make any reductions in
the number of online IPP over time through both attrition and
reassignment to other positions (90 FR 40257, 40260). Such
reassignments will allow FSIS to address IPP absences and staff
establishments based on their specific line configuration and other
operational needs. The Agency also will continue to evaluate staffing
needs across districts and circuits. FSIS remains committed to
conducting consistent and thorough inspection across all swine
slaughter establishments.
Comment: One trade association questioned the proposed revision to
the FSIS inspection staffing standards table applicable to traditional
swine slaughter establishments. Specifically, the commenter argued that
the proposed revision to the heading of Table 4 in 9 CFR
310.1(b)(3)(ii), to state that the listed number of inspectors per
station would be the maximum number of inspectors required, would
create too much ambiguity. For example, under the proposed revision,
FSIS could assign seven inspectors per line at one establishment and
only three inspectors at another establishment of similar size. The
commenter stated that this distribution would be unfair to the
establishment assigned seven inspectors, as the establishment would be
required to provide for additional inspection stations and overtime
pay, when applicable, compared to the establishment assigned three
inspectors. The commenter noted that the economic impact analysis in
the proposed rule estimates a reduction of two to four inspectors per
line in traditional establishments. Therefore, the commenter suggested,
Table 4 in 9 CFR 310.1(b)(3)(ii) should be revised to reflect the
actual number of inspectors required at each inspection station. The
commenter suggested that Table 4 could allow for flexibility (e.g., 1
to 2 inspectors per inspection station), but that the ranges provided
for in the proposed revised table (i.e., 1 to 3 inspectors per
inspection station) is too ambiguous.
Response: FSIS disagrees that the revised FSIS inspection staffing
standards applicable to traditional swine slaughter establishments will
result in unfair IPP assignments across establishments or create undue
ambiguity. As stated in the proposed rule, under the revised staffing
standards, FSIS will determine the number of inspectors at the head and
viscera inspection stations based on the establishment's operations,
including inspection line configurations, and FSIS staffing needs (90
FR 40257, 40259). By revising the staffing standards to allow for such
flexibility, FSIS will ensure consistent, efficient inspection services
across all traditional swine slaughter establishments and assign IPP
based on an establishment's specific facility designs and other
operational needs.
[[Page 29881]]
C. Lymph Node Incision and Viscera Palpation Justification
Comment: A few IPP generally argued that incision and palpation are
necessary during post-mortem swine inspection to detect diseases and
other food safety conditions in the lymph nodes and viscera. For
example, a few IPP stated that they have detected pathology when
incising lymph nodes that would not have otherwise been detected
visually. IPP provided examples including tuberculosis identified from
a lesion buried in lymph nodes, and other conditions purportedly only
detected through incision, such as parasites. A few other IPP stated
that small malignant masses and other conditions which may require
condemnation cannot be detected without viscera palpation. One IPP
recommended that, in any final regulatory text, the Agency require the
visualization of the mandibular lymph node, so that establishment
sorters would need to cut through any excessive surrounding fat to
allow IPP to determine whether the lymph node is enlarged or reactive.
One other IPP stated that food safety conditions may only have
pathology on one side of a carcass or are otherwise difficult to
identify without palpation.
Response: FSIS disagrees that routine lymph nodes incision and
viscera palpation are necessary to detect diseases and other food
safety conditions during post-mortem swine inspection. First,
Mycobacterium avium (M. Avium), the animal disease that causes
tuberculosis in swine, does not present a food safety concern, as the
prevalence of M. Avium in U.S. swine is very low,\2\ and science does
not support that humans become infected with M. Avium through pork
consumption.\3\ Further, since the widespread adoption of modern pork
production systems, most U.S. swine are raised indoors under
biosecurity measures.\4\ Thus, the presence of parasites on swine
carcasses and parts is not a significant post-mortem inspection
concern. For example, research demonstrates that biosecurity measures
focused on preventing exposure of swine to rodents, wildlife, and
contaminated feed or waste products effectively reduce the risk of
Trichinella (a parasite) infection in pork.\5\ Finally, if masses on a
swine carcass are malignant, they likely have spread to other parts of
the carcass or have caused enlarged lymph nodes, which can be detected
visually. Similarly, as stated in the proposed rule, the Agency's
experience demonstrates that swine carcasses affected with animal
disease conditions that would result in condemnation (e.g., arthritis,
pyometra, and splenic torsion) often exhibit systemic pathological
changes in the same carcass, rather than isolated within the lymph
nodes or other parts (90 FR 40257, 40258). Therefore, FSIS online IPP
are able to identify and retain those carcasses for disposition by an
FSIS veterinarian without needing to incise lymph nodes or palpate the
viscera (90 FR 40257, 40258). FSIS inspectors will maintain authority
to incise and palpate lymph nodes and examine the viscera for defects,
if needed (90 FR 40257, 40258).
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\2\ FSIS review of Agency condemnation data from 21 large market
hog establishments from 2012 through 2015 found that only 0.9
percent of all condemnations during the period were due to M. Avium.
See Proposed Rule, Modernization of Swine Inspection (83 FR 4780,
4794, February 1,2018), available at: <a href="https://www.govinfo.gov/content/pkg/FR-2018-02-01/pdf/2018-01256.pdf">https://www.govinfo.gov/content/pkg/FR-2018-02-01/pdf/2018-01256.pdf</a>.
\3\ Kriz, Petr, et al., Mycobacterium avium subsp. avium in
Lymph Nodes and Diaphragms of Pigs from One Infected Herd in the
Czech Republic, Journal of Food Protection, Volume 77, Issue 1,
2014, pg 141, available at: <a href="https://www.sciencedirect.com/science/article/pii/S0362028X23064293#bb0015">https://www.sciencedirect.com/science/article/pii/S0362028X23064293#bb0015</a>.
\4\ USDA Animal and Plant Health Inspection Service (APHIS),
January 2015, Swine 2012: Part I: Baseline Reference of Swine Health
and Management in the United States, pgs 3-5, available at: <a href="https://www.aphis.usda.gov/sites/default/files/swine2012-dr-parti.pdf">https://www.aphis.usda.gov/sites/default/files/swine2012-dr-parti.pdf</a>.
\5\ H. Ray Gamble, et al., Surveillance for Trichinella
infection in U.S. pigs raised under controlled management documents
negligible risk for public health, Food and Waterborne Parasitology,
Volume 36, 2024, available at: <a href="https://doi.org/10.1016/j.fawpar.2024.e00238">https://doi.org/10.1016/j.fawpar.2024.e00238</a>.
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FSIS also disagrees that the amended regulatory text in 9 CFR
310.26 needs to specifically require the visualization of lymph nodes
as part of NSIS establishment sorting activities. As stated in the
proposed rule, IPP and establishment sorters will continue to visually
identify any condemnable conditions, as currently required under FSIS
inspection regulations and policies (90 FR 40257, 40259). For example,
per 9 CFR 310.26(b), NSIS establishments must develop, implement, and
maintain written procedures to ensure that market hog carcasses
adulterated with septicemia, toxemia, pyemia, or cysticercosis are
properly removed before the point of post-mortem inspection of
carcasses. The establishment must incorporate these procedures into its
Hazard Analysis and Critical Control Point (HACCP) plan, Sanitation
Standard Operating Procedures, or other prerequisite program (9 CFR
310.26(b)).
D. Scientific Support for Visual-Based Inspection
Comment: A few IPP argued that the proposed rule lacked sufficient
data or scientific support for ending universal lymph node incision and
viscera palpation during post-mortem swine inspection. One IPP stated
that while FSIS condemnation rates for swine are low, the number of
condemnations still are significant. Another IPP argued that the
proposed rule lacked scientific support to replace incision and
palpation with visual-based inspection.
Response: FSIS disagrees that visual-based inspection of lymph
nodes and viscera during post-mortem swine inspection lacks sufficient
data or scientific support. First, the FSIS swine condemnation rates
discussed in the proposed rule supported that lymph nodes incision and
viscera palpation are not needed to identify the conditions of
condemnable swine carcasses during post-mortem inspection. During the
twelve-year period of 2012-2023, the total post-mortem condemnation
rate for all swine slaughtered under FSIS inspection was very low.\6\
Further, as discussed in the proposed rule, swine disease conditions
for which a carcass may be condemned (e.g., arthritis, pyometra, and
splenic torsion) are primarily identified during the visual observation
component of post-mortem swine inspection, and swine carcasses affected
with animal diseases that would result in condemnation often exhibit
multiple pathological changes in the same carcass (90 FR 40257, 40258).
These changes can be observed visually, allowing FSIS online inspectors
to identify and retain those carcasses for disposition by an FSIS
veterinarian without needing to incise lymph nodes in swine heads or
palpate the viscera. Finally, as also discussed in the proposed rule,
the visual-based post-mortem inspection of lymph nodes and viscera is
well-supported by science. Specifically, research demonstrates that
ending universal lymph node incision and viscera palpation may reduce
the probability of carcass cross-contamination by microbial food safety
hazards (90 FR 40257, 40258).
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\6\ During this 2012-2023 period, 1,449,843,190 head of swine
were slaughtered under FSIS inspection. Only 0.062553% were
condemned during post-mortem inspection. (See footnote 2 at 90 FR
40257, 40258).
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Comment: A few IPP argued that the proposed rule would grant
establishments too much control over inspection. One IPP stated that
many establishments would not cooperate with an inspector's discretion
to incise the lymph nodes or palpate the viscera
[[Page 29882]]
of a particular carcass. Another IPP argued that establishments would
be reluctant to allow establishment sorters to similarly incise lymph
nodes or palpate viscera on an as-needed basis.
Response: Amending the FSIS inspection regulations to end universal
lymph node incision and viscera palpation during post-mortem swine
inspection will not impact the ability of IPP to verify that
establishments operate in a sanitary manner and produce safe,
unadulterated, and properly labeled products. As discussed in the
proposed rule, FSIS inspectors will maintain authority to incise lymph
nodes and palpate the viscera for disease conditions and defects, if
needed (90 FR 40257, 40259). IPP also will continue to retain
carcasses, organs, or parts showing lesions or conditions that might
make the meat unfit for human consumption for final disposition by an
offline FSIS veterinarian (9 CFR 310.3 and 310.4). Further,
establishment sorters in NSIS establishments will continue to conduct
carcass sorting activities and identify any condemnable conditions or
defects before carcasses are presented to online IPP (90 FR 40257,
40259). FSIS will update its instructions to IPP on the primarily
visual inspection of lymph nodes and viscera during post-mortem
traditional swine inspection. FSIS guidance to NSIS establishments will
also continue to address establishment responsibilities to ensure
conditions and defects in lymph nodes and viscera are identified and
removed before FSIS post-mortem inspection.\7\
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\7\ See FSIS Guideline for Training Establishment Sorters under
the New Swine Slaughter Inspection System, available at: <a href="https://www.fsis.usda.gov/sites/default/files/import/training-establishment-sorters-nsis.pdf">https://www.fsis.usda.gov/sites/default/files/import/training-establishment-sorters-nsis.pdf</a>.
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E. Inspection Efficiency
Comment: A few FSIS IPP disagreed that the end of universal lymph
node incision and viscera palpation during swine post-mortem inspection
would result in increased inspection efficiency. One commenter argued
that, under current post-mortem inspection procedures, IPP and
establishment sorters visually inspect or observe at the same time as
they incise and palpate. According to the commenter, if the final rule
leads to reduced FSIS staffing, IPP and establishment sorters would
spend less time in total inspecting or observing each carcass and its
parts. The commenter further argued that while the proposed rule stated
that IPP could continue to incise lymph nodes and palpate viscera when
needed, the likely reduced FSIS staffing would result in insufficient
time to conduct such case-by-case incision and palpation.
Response: FSIS disagrees that the final rule will provide less time
for IPP to visually inspect and establishment sorters to observe
carcasses during post-mortem swine inspection. As stated in the
proposed rule, in traditional establishments, the end of universal
lymph node incision and viscera palpation will improve the use of IPP
inspection time by removing unnecessary inspection duties and allowing
IPP to focus more on observing the carcass (90 FR 40257, 40260). This
increased inspection efficiency also will allow FSIS to improve the use
of Agency inspection resources. It will help FSIS more effectively
assign inspection verification responsibilities for IPP at all swine
slaughter establishments, including offline verification activities to
ensure that establishments comply with regulatory requirements critical
to food safety (e.g., HACCP verification tasks) (90 FR 40257, 40260).
Similarly, the end of universal lymph node incision and viscera
palpation will allow establishment sorters at NSIS establishments more
time to visually identify any condemnable conditions or defects before
carcasses are presented to online IPP (90 FR 40257, 40260). When
determining IPP assignments, the Agency will provide staffing
sufficient to provide enough time for IPP to conduct case-by-case lymph
node incision and palpation viscera, as needed. As stated above, the
Agency will issue instructions to IPP on the criteria for determining
when to incise lymph nodes and palpate viscera.
F. Microbial Cross-Contamination Mitigation
Comment: A few IPP questioned whether, as stated in the proposed
rule, visual-based swine post-mortem inspection procedures may improve
food safety by reducing opportunities for the introduction of microbial
cross-contamination. Specifically, a few commenters argued that the
studies cited in the proposed rule regarding Salmonella cross-
contamination risk from lymph node incision were too old or were
misinterpreted to support the proposed rule. Another IPP argued that,
because lymph node tissue is often incorporated into comminuted
products, any contamination spread through a rupture in the lymph nodes
would occur during downstream processing, whether the rupture was made
intentionally (i.e., through incision during inspection) or
inadvertently. A few other IPP stated that procedures other than lymph
node incision, such as head separation and sanitary dressing practices,
create cross-contamination risks in swine slaughter establishments.
Finally, one IPP argued that FSIS sampling data shows that, in
comminuted pork products, Salmonella prevalence varies widely among
establishments and different market classes of swine. The commenter
further stated that, according to FSIS data, pork products largely
composed of lymph nodes do not exhibit higher Salmonella rates and that
sanitary dressing and hygiene practices are the primary drivers of
contamination, rather than lymph node incision.
Response: FSIS disagrees that the publication years of the studies
cited in the proposed rule (i.e., 2009 and 2011) invalidate the
findings, as the scientific principle underlying those studies remains
sound: invasive procedures such as lymph node incision introduce
additional cross-contamination risk. Further, the studies findings
demonstrate that lymph node incision during post-mortem swine
inspection may increase Salmonella cross-contamination risk.
As one commenter noted, Salmonella prevalence may vary across
establishments and classes of swine, and cross-contamination risks may
exist throughout the swine slaughter process. However, one of the
purposes of the final rule's elimination of universal lymph node
incision is to address incision as a specific inspection procedure that
may introduce unnecessary cross-contamination risk. As condemnable
conditions can be identified visually, eliminating universal incision
reduces unnecessary contamination risk and improves inspection
efficiency without compromising food safety. Under the final rule,
inspectors will retain authority to incise lymph nodes or palpate
viscera when warranted, ensuring flexibility and maintaining inspection
integrity.
G. Imported Products
Comment: One IPP noted that, as discussed in the proposed rule,
FSIS has determined that France, Netherlands, and Denmark have met FSIS
equivalence criteria for the use of discretionary lymph node incision
and viscera palpation during post-mortem swine inspection. The
commenter requested that FSIS clarify the proposed rule's effect on
pork products imported to the United States from foreign countries.
Response: Equivalence is the process by which FSIS determines
whether a foreign country's food safety inspection
[[Page 29883]]
system achieves an appropriate level of public health protection as
applied domestically by FSIS in the United States. FSIS implements an
equivalence process in accordance with the World Trade Organization's
Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS Agreement).\8\ Foreign meat, poultry, and egg products food safety
and inspection systems are not required to develop and implement the
same procedures as the United States. However, to be eligible to export
product to the United States, the foreign government's food safety and
inspection system is required to achieve an equivalent level of public
health protection to the FSIS food safety and inspection system (9 CFR
327.2(a), 381.196(a), 557.2(a), and 590.910(a)). As explained in the
proposed rule, FSIS will use the Agency's equivalence procedures to
evaluate any future requests from foreign countries to determine
whether a visual post-mortem swine inspection procedure achieves an
appropriate level of public health protection as applied domestically
by FSIS in the United States (90 FR 40257, 40258).
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\8\ Available at: <a href="https://www.wto.org/english/docs_e/legal_e/sps_e.htm">https://www.wto.org/english/docs_e/legal_e/sps_e.htm</a>.
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H. Exported Products
Comment: One trade association stated that FSIS must ensure that
U.S. pork products exported to foreign markets would not be adversely
affected under the proposed rule. The commenter noted that some foreign
countries may require the removal of mandibular lymph nodes and that
implementing visual-based post-mortem swine inspection may harm trade
agreements and U.S. products.
Response: As with other inspection procedures, a foreign country
may maintain additional eligibility requirements related to post-mortem
swine inspection for products exported from the United States. The
final rule will apply to products sold in the domestic market. For
products exported from the United States, FSIS will continue to perform
export certification activities, when appropriate, to verify that
inspection requirements for the applicable foreign country are met, as
shown in the FSIS Export Library.\9\
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\9\ <a href="https://www.fsis.usda.gov/inspection/import-export/import-export-library">https://www.fsis.usda.gov/inspection/import-export/import-export-library</a>. See also FSIS Directive 9000.1, Export
Certification, August 1, 2018, available at: <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/9000.1.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/9000.1.pdf</a>.
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I. Economic Impact Analysis
Comment: One trade association stated that the assumption in the
proposed rule's economic impact analysis that NSIS establishments would
reduce the number of establishment sorters by between five to eight
sorters per line per shift, was likely an overestimate. The commenter
stated that, according to one of its members, a large NSIS
establishment operating a single slaughter line under the proposed rule
would reduce staffing by three employees for the single line.
Therefore, the commenter estimated that the industry cost savings would
still be substantial, but less than estimated in the proposed rule. The
commenter estimated that the cost savings would be just under $8
million. For this estimate, the commenter used data that differed from
the proposed rule. The commenter provided information that there would
be a reduction in staffing across 18 establishments operating under the
NSIS (estimating 33 total production lines \10\) and using a
conservative annual employment cost of $80,000.
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\10\ FSIS assumes this figure provided by the commenter includes
lines across all shifts, where the number of lines is multiplied by
the number of daily shifts at each establishment to estimate the
total number of lines. For example, an establishment operating two
lines over two daily shifts would have a total of four lines.
---------------------------------------------------------------------------
Response: FSIS adjusted its estimates in the final rule to
incorporate input from industry on the economic impact analysis. The
new industry cost savings estimate ranges from $7.4 to $14.7 million.
In the proposed rule, FSIS had estimated industry cost savings of
approximately $14.7 to $25.4 million.
FSIS' estimate is based on 2025 data and included a total of 17
NSIS establishments and 31 slaughter lines, while the commenter
included 18 establishments and 33 slaughter lines. This difference is
likely due to an additional establishment converting to NSIS in 2026.
FSIS also estimated a reduction of five to eight sorters per line,
per shift in the proposed rule, while the commenter estimated a
reduction of three employees per line, per shift. FSIS incorporated the
commenter's estimate into the Agency's original estimate, by adjusting
the range of impacted sorters, as establishments have different line
configurations and production levels and other NSIS establishments may
be able to see a further reduction. Lastly, FSIS used an annual
employee salary of $95,000 and $102,000 for the low and high estimates
in the proposed rule, respectively, while the commenter included a
salary of $80,000.\11\ The commenter's estimate is based on one NSIS
establishment and may not be representative of employee costs across
all NSIS establishments. Therefore, FSIS included the commenter's
salary estimate of $80,000 and a reduction of three employees per line,
per shift as part of the low industry savings estimate in the final
rule. For the high estimate, FSIS used the 75th percentile wage rate
for production employees,\12\ and a reduction of five employees per
line, per shift.
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\11\ FSIS used the 75th and the 90th percentile wage rates for a
production employee since sorters are paid higher wages than other
production employees due to their duties, multiplied by a benefits
and overhead factor of 2. Wage rates acquired from: U.S. Bureau of
Labor Statistics, Occupational Employment and Wage Estimates, May
2024: 51- 3023 Slaughterers and Meat Packers, <a href="https://data.bls.gov/oes/#/industry/000000">https://data.bls.gov/oes/#/industry/000000</a>. For the low estimate, FSIS multiplied the
hourly labor cost of $44.16 by the estimated hours per year of 2,152
(or 269 production days multiplied by 8 hours per day). For the high
estimate, FSIS multiplied the hourly labor cost of $47.56 by the
total estimated hours per year of 2,152 (or 269 production days
multiplied by 8 hours per day).
\12\ The 75th percentile wage rate acquired from the U.S. Bureau
of Labor Statistics, Occupational Employment and Wage Estimates, May
2024: 51- 3023 Slaughterers and Meat Packers, <a href="https://data.bls.gov/oes/#/industry/000000">https://data.bls.gov/oes/#/industry/000000</a>.
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IV. Executive Orders 12866, as Amended by 13563 and 14192
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
This final rule has been designated a ``not significant'' regulatory
action under section 3(f) of E.O. 12866. E.O. 13563 reaffirms the
principles of E.O. 12866 while calling for improvements in the Nation's
regulatory system to promote predictability, to reduce uncertainty, and
to use the best, most innovative, and least burdensome tools for
achieving regulatory ends. FSIS has developed the final rule consistent
with E.O. 13563. E.O. 14192, ``Unleashing Prosperity Through
Deregulation,'' requires that any new incremental costs associated with
certain significant regulatory actions ``shall, to the extent permitted
by law, be offset by the elimination of existing costs associated with
at least 10 prior regulations.'' This final rule is considered an E.O.
14192 deregulatory action.
Economic Impact Analysis
Baseline and Need for the Rule
FSIS is ending mandatory lymph node incision and viscera palpation
in both traditional and NSIS swine slaughter establishments. Ending
mandatory lymph node incision and viscera palpation in swine slaughter
establishments will improve inspection
[[Page 29884]]
efficiency, make a more efficient allocation of FSIS inspection
resources, and provide flexibility to industry.
In 2024, there were 751 swine slaughter establishments that
slaughtered approximately 127.8 million swine.\13\ These changes will
apply to inspection at all swine slaughter establishments. As of
February 2025, there were 17 NSIS establishments, and 14 traditional
establishments at which FSIS assigns four to seven online inspectors
per line and at which the final rule may change the number of FSIS
staff. For this analysis, FSIS assumed potential changes to Agency
staffing at traditional establishments with two to three inspectors
staffed at the viscera station or two to three inspectors staffed at
the head station.\14\ The 17 NSIS establishments may also change their
establishment employee staffing in response to this final rule. FSIS
does not anticipate any changes to the Agency's staffing at NSIS
establishments.
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\13\ FSIS, Public Health Information System (PHIS) database,
accessed February 2025.
\14\ These 14 establishments also have one inspector at the
carcass station; however, the changes will not affect this position.
---------------------------------------------------------------------------
Expected Costs and Benefits of the Final Rule
FSIS does not expect the final rule will impose any costs on the
Agency, industry, or consumers. The final rule may improve the safety
or quality of the product. While the final rule does not require
industry to implement any changes, they will likely stop lymph node
incision and viscera palpation prior to post-mortem inspection. FSIS
also estimated a de minimis cost of $90 per firm for rule
familiarization.
Benefits Associated With the Final Rule
Benefits for FSIS
In traditional establishments, FSIS IPP will more efficiently
inspect each carcass presented for FSIS post-mortem inspection without
affecting IPP's ability to detect animal diseases and conditions or
ensure proper disposition of those affected. The changes will improve
the use of FSIS IPP time during inspection by removing unnecessary
inspection duties for incising lymph nodes and palpating viscera.
As described above, the final rule will allow FSIS IPP to focus
more on observing the carcass and parts during post-mortem inspection.
FSIS inspectors will also maintain authority to incise lymph nodes and
palpate viscera to look for defects, if needed. The increased
inspection efficiency will allow FSIS to improve the use of FSIS
inspection resources and to more effectively assign inspection
verification responsibilities for IPP at all swine slaughter
establishments, including offline verification activities to ensure
that establishments comply with regulatory requirements critical to
food safety (e.g., Hazard Analysis and Critical Control Points
verification tasks).
Because FSIS online IPP will no longer be spending time incising
lymph nodes and palpating the viscera, the Agency may reduce the number
of online IPP in some traditional swine slaughter establishments
resulting in a more efficient allocation of FSIS inspection resources.
However, these reductions would be made over time through attrition and
reassignment to other positions.
FSIS IPP at traditional establishments will focus on observing the
swine carcass and parts during post-mortem inspection procedures
without being required to incise the lymph nodes and palpate the
viscera. The traditional swine slaughter establishments that may
experience changes to assigned FSIS online inspection personnel
typically have five to seven inspectors per line. The Agency estimates
that there could be a reduction equivalent to one to two online
inspector positions at the head station and one to two online inspector
positions at the viscera station in 14 traditional establishments
because of the reduced workload, depending on establishment line
configurations.\15\
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\15\ FSIS used 2024 PHIS data to identify establishments and
lines eligible for staffing changes. These establishments are large
with at least two to three inspectors at the head or two to three
inspectors at the viscera stations. These establishments had a total
of 20 lines across all shifts. For this analysis, FSIS multiplied
the number of lines by the number of daily shifts at each
establishment to estimate the total number of lines. For example, an
establishment operating two lines over two daily shifts would have a
total of four lines.
---------------------------------------------------------------------------
For this analysis, FSIS quantified the cost savings associated with
this reduction in online post-mortem inspection positions. The Agency
assumed an FSIS online inspector is paid between $111,124 and $135,922,
which is the Office of Personnel Management's (OPM), Rest of the U.S.
(RUS) General Schedule (GS) 07 step 5 to GS-09 step 5 salary with a
benefits factor of two.\16\ The Agency estimates a range of possible
savings depending on how the resulting online inspection stations are
staffed. Based on these assumptions, annualized savings range between
$2.0 to $8.4 million over 10 years, discounted at 7 percent.\17\ As
mentioned above, any reductions to FSIS personnel would happen over
time through attrition and reassignment to other positions.
---------------------------------------------------------------------------
\16\ FSIS' Office of the Chief Financial Officer provided these
salary estimates and benefit factor. In addition, the 2024 OPM RUS,
Salary Table can be found at <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/24Tables/html/RUS.aspx">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/24Tables/html/RUS.aspx</a>.
\17\ FSIS estimated a wide range of savings to provide
flexibility for the resulting staffing of lines. To approximate the
high estimate, FSIS assumed that one inspector would be staffed at
the head station and one inspector would be staffed at the viscera
station, reducing online inspector positions by 62 online inspector
positions paid at the GS-9, step 5, OPM RUS salary. For the low
estimate, FSIS assumed only the head station would have a reduction
by one inspector per line paid at the GS-07, step 5, OPM RUS salary,
reducing total inspector positions by 18.
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Benefits for the Industry
FSIS will no longer require establishment sorters at NSIS
establishments to incise lymph nodes and palpate the viscera. This
change may result in NSIS establishments voluntarily reducing the
number of employees needed to make carcasses and parts ready for
inspection because the workload for sorters may be reduced. FSIS
estimates that this change will result in a reduction of three to five
sorters per line at each NSIS establishment.\18\
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\18\ FSIS changed the estimated range of possible reductions of
sorters found in the proposed rule, using data provided in a comment
from a trade association. Based on the commenter, NSIS
establishments will reduce the number of sorters by three per line,
per shift, instead of the five to eight sorters per line, per shift
as discussed in the proposed rule. The reduction of three sorters is
based on one establishment and may not represent all NSIS
establishments, which may have different line configurations or
production levels. To account for these differences, FSIS adjusted
the range to include possible reductions of three to five sorters.
---------------------------------------------------------------------------
As of February 2025, there were 17 large NSIS establishments with
31 slaughter lines across all shifts.\19\ FSIS assumed these
establishments staff up to 11 sorters per line.\20\ Sorters are paid
higher wages than other production employees, because sorters trim and
identify defects, such as dressing defects, contamination, and
pathology defects, on carcasses and parts before FSIS post-mortem
inspection.\21\ FSIS estimates these sorters are paid as production
employees, with a salary range of approximately $80,000 to $95,000.
FSIS based the low salary of approximately $80,000 on a comment
[[Page 29885]]
from a trade association that received data from one of its members.
FSIS included the 75th percentile production employee wage rate of
$44.16 per hour ($22.08 multiplied by a benefits and overhead factor of
two) \22\ for the high estimate. This results in a high annual salary
of approximately $95,000.\23\ Under these assumptions, FSIS estimates
the annual industry cost savings for the reduction in sorters at NSIS
establishments range from approximately $7.4 to $14.7 million over 10
years discounted at 7 percent.\24\ However, industry may offset these
cost savings by assigning personnel to other areas of the
establishment, as relevant. This final rule may incentivize additional
swine slaughter establishments to convert to the NSIS.
---------------------------------------------------------------------------
\19\ FSIS used 2025 PHIS data to identify establishments. For
this analysis, FSIS multiplied the number of lines by the number of
daily shifts at each establishment to estimate the total number of
lines. For example, an establishment operating two lines over two
daily shifts would have a total of four lines.
\20\ The 11 sorters per line assumption is based on FSIS'
experience on how NSIS establishments staff slaughter lines, as
discussed in the Modernization of Swine Slaughter Inspection Final
Rule (84 FR 52300, 52324, October 1, 2019).
\21\ 84 FR 52300, 52324, October 1, 2019.
\22\ U.S. Bureau of Labor Statistics, Occupational Employment
and Wage Estimates, May 2024: 51-3023 Slaughterers and Meat Packers,
<a href="https://data.bls.gov/oes/#/industry/000000">https://data.bls.gov/oes/#/industry/000000</a>.
\23\ FSIS multiplied the hourly labor cost of $44.16 by the
total estimated hours per year of 2,152 (or 269 production days
multiplied by 8 hours per day).
\24\ For the low estimate, FSIS multiplied the annual salary of
$80,000 by the reduction of three sorters per line, multiplied by 31
lines. For the high estimate, FSIS multiplied the annual salary of
$95,000 by the reduction of five sorters per line, multiplied by 31
lines.
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V. Regulatory Flexibility Act
The FSIS Administrator has determined that this final rule will not
have a significant economic impact on a substantial number of small
entities in the U.S., as defined by the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
FSIS is amending its regulations to end mandatory mandibular lymph
node incision and viscera palpation of swine carcasses in all swine
slaughter establishments (i.e., establishments operating under
traditional swine slaughter inspection or the NSIS). Mandibular lymph
nodes incision and viscera palpation of swine carcasses are not needed
to ensure food safety.
How many small entities are impacted by the final rule?
The U.S. Small Business Administration (SBA) defines the size
standard for small businesses for swine slaughter establishments as
having 1,150 employees or less.\25\ Swine slaughter establishments are
in the 311611-Animal (except Poultry) Slaughter sector of the North
American Industry Classification System.\26\ Based on U.S. Census
Bureau Statistics of U.S. Businesses (SUSB) data,\27\ approximately
1,208 firms (98 percent) in the Animal (except Poultry) Slaughter
sector are small (Table 1) and approximately 22 firms (2 percent) in
this industry are large.\28\ The quantified industry benefits due to
potential industry staffing changes will occur at the 17 NSIS
establishments. These large NSIS firms will only receive the benefits
from the changes in the final rule, and small firms will not be
affected.
---------------------------------------------------------------------------
\25\ United States Small Business Administration (SBA), Table of
Small Business Standards Matched to North American Industry
Classification System Codes. Effective January 1, 2022. Available at
<a href="https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf">https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf</a>.
\26\ This category includes firms engaging in other than swine
slaughtering activities, such as cattle slaughtering. U.S. Census
Bureau North American Industry Classification System (NAICS).
Available online at <a href="https://www.census.gov/naics/?input=31&chart=2022&details=311611">https://www.census.gov/naics/?input=31&chart=2022&details=311611</a> (last accessed in April 2025).
\27\ Note that the total number of firms in this category is
1,184. U.S. Census Bureau. (2022). 2022 SUSB Annual Data Tables by
Establishment Industry: U.S. and states, NAICS detailed employment,
[Data file]. April 2025. <a href="https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html">https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html</a>.
\28\ SUSB employment data are reported in ranges rather than at
the exact SBA size standard of 1,150 employees. To provide a
conservative estimate, FSIS classified firms with 1,499 or fewer
employees as small.
Table 1--Small Entity by Firm Size and Receipts
------------------------------------------------------------------------
Number of Receipts
Enterprise size firms (million $)
------------------------------------------------------------------------
Less than 5 employees................... 399 326
5-9 employees........................... 310 583
10-14 employees......................... 165 412
15-19 employees......................... 79 343
20 to 500 employees..................... 235 9,507
500-749 employees....................... 7 1,888
750-999 employees....................... 9 4,168
1,000-1,499 employees................... 4 1,772
-------------------------------
Total............................... 1,208 18,999
------------------------------------------------------------------------
Source: U.S. Census Bureau. (2022). 2022 SUSB Annual Data Tables by
Establishment Industry: U.S. and states, NAICS detailed employment,
2022 [Data file]. April 2025. <a href="https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html">https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html</a>.
What are the criteria for ``significant impact'' and ``substantial
number of small entities''?
The Regulatory Flexibility Act requires the Agency to analyze
whether the final rule will have a significant impact on a substantial
number of small entities. FSIS defines a significant economic impact as
one that is greater than 1 percent of small entities' annual receipts.
FSIS considers a regulation to have an impact on a substantial number
of small entities if it affects over 30 percent of the small entities
identified in this analysis.
What are the economic impact and compliance costs per firm?
In the Regulatory Impact Analysis of this final rule, FSIS
estimated that there are no costs to industry associated with the final
rule. FSIS has estimated that this final rule will be net beneficial
and noted that NSIS establishments may voluntarily reduce the number of
employees needed to make carcasses and parts ready for inspection
because the workload for sorters may be reduced. FSIS also estimated a
one-time cost of $90 to account for the time needed for an entity to
become familiarized with this final rule.
Does the final rule have a significant impact on a substantial number
of small entities?
Using SUSB data, FSIS estimated that the one percent ``significant
impact''
[[Page 29886]]
criterion for the small entities impacted by this final rule is
approximately $0.16 million.\29\ The ``substantial number'' criterion
of 30 percent of small entities results in a total of 363 small
entities (30 percent of 1,208 small entities, the total number of small
entities shown in Table 1). This means that this final rule will have a
significant impact on a substantial number of small entities if it has
an estimated average impact of over $0.16 million on at least 363 small
entities. Since the final rule only affects large firms, there is no
significant impact.
---------------------------------------------------------------------------
\29\ FSIS estimated the average receipts for small firms in the
Animal (except Poultry) Slaughter sector having less than 1,499
employees is approximately $16 million ($18,999 million divided by
1,208 firms). Thus, a firm's average threshold for significant
impact is approximately $0.16 million (1 percent of $16 million).
U.S. Census Bureau. (2022). 2022 SUSB Annual Data Tables by
Establishment Industry: U.S. and states, NAICS detailed employment,
2022 [Data file]. April 2025. <a href="https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html">https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html</a>.
---------------------------------------------------------------------------
The estimated one-time cost of $90 for a firm to familiarize
themselves with the final rule would amount to less than 1 percent of
annual receipts for all entities. The $90 familiarization cost for 399
firms with less than 5 employees is 0.01 percent of their average
annual receipts.
What are the direct and indirect impacts?
FSIS does not anticipate direct or indirect costs or benefits to a
substantial number of small entities, because the final rule does not
impose additional requirements on industry and ends mandatory
mandibular lymph node incision and viscera palpation of swine carcasses
in all swine slaughter establishments.
Small and very small entities generally operate in local niche
markets, in which they source inputs from small producers and sell
products to consumers who have shown an increased demand for locally
produced products.\30\ The final rule is not expected to impact these
local niche markets or the entities that participate in them.
---------------------------------------------------------------------------
\30\ Johnson, R., Marti, D. and Gwin, L. (2012). Slaughter and
Processing Options and Issues for Locally Sourced Meat. Washington,
DC: USDA Economic Research Service, LDP-M-216-01.
---------------------------------------------------------------------------
Certification
FSIS certifies that this final rule will not have a significant
economic impact on a substantial number of small entities in the United
States.
VI. Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), OIRA has designated this final rule as not a major rule
as defined by 5 U.S.C. 804(2).
VII. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), FSIS has reviewed the final rule. The Administrator has
determined that this rulemaking will not create additional information
collection or recordkeeping burdens.
VIII. 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.
IX. 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.
X. 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.
XI. Environmental Impact
Pursuant to the National Environmental Policy Act (42 U.S.C. 4321,
et seq.) (NEPA), Federal agencies fulfill their NEPA obligation to
study the effects of major Federal actions in one of three ways. For a
major Federal action that will have significant environmental effects,
the agency prepares a detailed Environmental Impact Statement (EIS) (42
U.S.C. 4336(b)(1)). If it is unclear whether the action will have
significant effects, the agency may prepare a brief Environmental
Assessment (EA) (42 U.S.C. 4336(b)(2)). Finally, categorical exclusions
are classes of actions that normally do not have significant effects on
the environment and do not require an EA or an EIS absent extraordinary
circumstances (42 U.S.C. 4336(b)(2)). USDA's NEPA implementing
regulations establish a categorical exclusion for specified categories
of actions and the actions of certain USDA subcomponents (7 CFR 1b.3,
1b.4). USDA has determined that the listed subcomponents, including
FSIS (7 CFR 1b.4(a)(5)), ``conduct programs and activities that do not
normally result in reasonably foreseeable significant impacts on the
natural or physical environment'' (7 CFR 1b.4(a)). The FSIS action thus
is categorically excluded unless FSIS, after evaluating the action for
extraordinary circumstances, determines that an extraordinary
circumstance may exist that would require the action to instead be
documented in an EA or an EIS, as applicable.
FSIS does not foresee any significant impact on the natural or
physical environment from this rule (7 CFR 1b.4(a)). The purpose of
Federal inspection under the FMIA is to protect public health and
welfare by ensuring that any meat produced for human consumption and
sale or distribution in commerce is wholesome, not adulterated, and
properly labeled. FSIS inspection program personnel do not have any
authority or control over the day-to-day operations of slaughter
establishments, except to the degree necessary to achieve the Agency's
mission to protect public health by ensuring that pork products
intended for use as human food are safe, unadulterated and properly
labeled. Accordingly, any environmental effects of a slaughter
establishment's operations are not the result of a major Federal action
by FSIS, and inspection by FSIS would not be the legally relevant cause
of the establishment's slaughter
[[Page 29887]]
activities or any impact the establishment's activities might have on
the environment. Expected pork product sales--not NSIS sorting
requirements or FSIS staffing standards--drive production levels (i.e.,
the total number of swine that an establishment slaughters). FSIS has
no authority to determine an establishment's production levels. While
ending mandatory lymph node incision and viscera palpation may improve
efficiency, it will not affect consumer demand or an establishment's
products. Moreover, all swine slaughter establishments, regardless of
sorting requirements or FSIS staffing standards, are required to meet
all local, state, and Federal environmental requirements. Thus, the
establishment will be subject to the same environmental regulations,
regardless of this rule.
Therefore, FSIS does not foresee any significant impact on the
natural or physical environment from these changes (7 CFR 1b.4(a)).
Additionally, no extraordinary circumstances exist that would require
preparation of an EA or an EIS. Therefore, this action qualifies for
the categorical exclusion from preparing an EA or EIS under 7 CFR 1b.4
of the USDA regulations.
XII. Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online 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 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="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.
XIII. USDA Non-Discrimination Statement
In accordance with Federal civil rights law and 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, 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 State or
local Agency that administers the program or contact USDA through the
Telecommunications Relay Service at 711 (voice and TTY). 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 How to
File a Program Discrimination Complaint 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, Mail Stop
9410, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email:
<a href="/cdn-cgi/l/email-protection#9aeae8f5fde8fbf7b4f3f4eefbf1ffdaefe9fefbb4fdf5ec"><span class="__cf_email__" data-cfemail="6f1f1d00081d0e024106011b0e040a2f1a1c0b0e41080019">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 9 CFR Part 310
Animal diseases, Blood, Meat inspection.
For the reasons set forth in the preamble, FSIS is amending 9 CFR
Chapter III as follows:
PART 310--POST-MORTEM INSPECTION
0
1. The authority citation for part 310 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
0
2. Amend Sec. 310.1 by revising table 4 to paragraph (b)(3) to read as
follows:
Sec. 310.1 Extent and time of post-mortem inspection; post-mortem
inspection staffing standards.
* * * * *
Table 4 to Paragraph (b)(3)--Three Inspectors or More--Staffing
Standards for Swine
------------------------------------------------------------------------
Maximum inspection rates Maximum number of inspectors by station
(head per hour with heads -------------------------------------------
attached) Head Viscera Carcass Total
------------------------------------------------------------------------
Market hogs:
319 to 506.............. 1 1 1 3
507 to 540.............. 1 2 1 4
541 to 859.............. 2 2 1 5
860 to 1,022............ 2 3 1 6
1,023 to 1,106.......... 3 3 1 7
Sows and boars:
306 to 439.............. 1 1 1 3
306 to 462 \1\.......... 1 1 1 3
440 to 475.............. 2 1 1 4
476 to 752.............. 2 2 1 5
753 to 895.............. 3 2 1 6
896 to 964.............. 3 3 1 7
------------------------------------------------------------------------
\1\ This rate applies if the heads of sows and boars are detached from
the carcasses at the time of inspection.
Note 1 to table 4 to paragraph (b)(3): In multiple-inspector plants, the
inspectors must rotate between all inspection positions during each
shift to equalize the workload.
[[Page 29888]]
Sec. 310.26 [Amended]
0
3. Amend Sec. 310.26 by removing the second sentence of paragraph (b).
Done in Washington, DC.
Justin Ransom,
Administrator.
[FR Doc. 2026-10186 Filed 5-20-26; 8:45 am]
BILLING CODE 3410-DM-P
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