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USDA/FSIS RIN: 0583-AD36 Publication ID: Fall 2014 
Title: Mandatory Inspection of Fish of the order Siluriformes and Products Derived From Such Fish 
Abstract:

The 2008 Farm Bill (Pub. L. 110-246, sec. 11016), amended the Federal Meat Inspection Act (FMIA) to make "catfish" a species amenable to the FMIA and, therefore, subject to FSIS inspection. In addition, the 2008 Farm Bill gave FSIS the authority to define the term "catfish." On February 24, 2011, FSIS published a proposed rule that outlined a mandatory catfish inspection program and presented two options for defining "catfish." The 2014 Farm Bill (Pub. L. 113-79, sec. 12106), amended the FMIA to remove the term "catfish" and to make "all fish of the order Siluriformes" subject to FSIS jurisdiction and inspection. As a result, FSIS inspection of Siluriformes is mandated by law and non-discretionary.

 
Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 9 CFR ch III, subchapter F (new)     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Federal Meat Inspection Act (FMIA) (21 USC 601 to 695)    PL 110-246, sec 11016    PL 113-79, sec 12106   
Legal Deadline:
Action Source Description Date
Final  Statutory  Final Regulations not later than 60 days after enactment of the Agricultural Act of 2014 (Pub. L. 113-79)   

Overall Description of Deadline: The Agriculture Act of 2014 directs the Department to publish final regulations not later than 60 days after the date of enactment.

Statement of Need: The 2008 and 2014 Farm Bills amended the Federal Meat Inspection Act, making all fish of the order Siluriformes amenable species to the FMIA, requiring FSIS inspection.

Summary of the Legal Basis: 21 U.S.C. 601 to 695, Public Law 110-246, section 11016, Public Law 113-79, section 12106.

Alternatives: The option of no rulemaking is unavailable.

Anticipated Costs and Benefits: FSIS anticipates benefits from uniform standards and the more extensive and intensive inspection service it will provide. The requirements for imported Siluriformes will be equivalent to those applied to domestically raised and processed fish of this type.

Risks: In the final rule, the Agency will consider any risks to public health or other pertinent risks associated with the production, processing, and distribution of catfish and catfish products.

Timetable:
Action Date FR Cite
NPRM  02/24/2011  76 FR 10434   
NPRM Comment Period End  06/24/2011    
Final Action  12/00/2014 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Dr. Daniel L Engeljohn
Assistant Administrator, Office of Policy and Program Development
Department of Agriculture
Food Safety and Inspection Service
Room 402 Cotton Annex Building, 1400 Independence Avenue SW., 349-E JWB,
Washington, DC 20250
Phone:202 205-0495
Fax:202 720-2025
Email: daniel.engeljohn@fsis.usda.gov