Constituent Update - December 23, 2022

FSIS announced that January 1, 2026, will be the uniform compliance date for new meat and poultry product labeling regulations published between January 1, 2023, and December 31, 2024.

Since 2004, FSIS has set uniform compliance dates for new labeling regulations in two-year increments and issued final rules announcing and requesting comments on those dates (see 69 FR 74405). 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increase industry’s ability to make orderly adjustments to new labeling requirements without exposing consumers to outdated labels.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.

Interested persons may submit comments on the new uniform compliance date by January 19, 2023. Please view the final rule in the Federal Register for more details and instructions on how to submit comments.

2023 Rates for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees

On December 23, 2022, the agency published a Federal Register notice announcing the 2023 fees it will charge meat, poultry, and egg products establishments, importers, and exporters for providing voluntary, overtime, holiday, identification, certification, and laboratory services. The notice also announces that there will be no change to the fee FSIS assesses to exporters that choose to apply for export certificates electronically through the export component of the agency’s Public Health Information System. The rate changes will be applied on January 1, 2023.

Service	2023 Rate (estimates rounded to reflect billable quarters)
Basetime	$67.12
Overtime	$82.80
Holiday	$98.44
Laboratory	$87.36
Electronic Export Certificate	$4.01

Deadline Extended to Comment on Exploratory and Special Program Poultry Sampling

As announced in the November 10, 2022, Constituent Update, FSIS is preparing to publish the next establishment-specific dataset on exploratory and special program poultry sampling. FSIS intends to begin publishing these datasets in January 2023. Prior to publishing the datasets, FSIS is seeking comments on a sample dataset and data documentation. The deadline to submit written comments on this dataset and documentation was originally December 22, 2022. FSIS has extended the deadline to January 5, 2023.

To comment on the sample dataset and data documentation, visit Regulations.gov and follow the online instructions for submitting comments to Docket FSIS-2014-0032.

The sample dataset and corresponding data documentation include sampling results of FSIS’ non-regulatory poultry microbiological sampling projects, including poultry establishments with a very low volume of production (≤ 1,000 lbs/day), religious-exempt chicken carcasses, comminuted or mechanically separated poultry,chicken quarter or half-carcasses, and chicken parts. This dataset also includes data associated with special programs, such as a response to an outbreak or testing a new sampling methodology. Establishment-specific datasets were first released in 2016 as announced in the July 14, 2016, Federal Register.

Reminder: Upcoming Deadline to Comment on NACMCF Document

As announced in the November 10, 2022, Constituent Update, FSIS extended the deadline to submit comments on the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) report, “Enhancing Salmonella Control in Poultry Products.” The deadline to submit written comments on this document is December 30, 2022.

The report provides detailed responses with nine recommendations addressing the risk management questions posed to the committee by FSIS. Instructions on how to comment are available in the Federal Register notice. The NACMCF public meeting took place on November 15, 2022. The meeting agenda and the report are available on the FSIS events page, along with the recording and transcript. More information on the NACMCF charges is also available on the FSIS website.

Available for Public Comment

FSIS seeks public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage. FSIS is currently seeking comments on the following:

Until December 27: Notice of Request To Renew an Approved Information Collection: Specified Risk Materials
Until December 27: Notice of Request To Renew an Approved Information Collection: Permit To Obtain Specimens of Condemned or Other Inedible Materials From Official Establishments
Until December 30: NACMCF Report: Enhancing Salmonella Control in Poultry Products
Until January 19: Uniform Compliance Date for Food Labeling Regulations (2022)
Until January 23: Use of a Non-Destructive Surface Sampling Device to Sample Domestic Beef Manufacturing Trimmings and Bench Trim

Policy Update

FSIS notices and directives on public health and regulatory issues are available on the FSIS Policy webpage. The following policy update was recently issued:

FSIS Notice 68-22 - Fiscal Year 2023 - Continuing Education Program for Public Health Veterinarians and Veterinary Medical Officers

FSIS Notice 69-22 - Fiscal Year 2023 - Student Loan Repayment Program for In-Plant Veterinary Medical Officers - Application Timeframe

Export Requirements Update

The Library of Export Requirements has been updated for products for the following: