[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Page 65014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29265]



[[Page 65014]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 166

[Docket No. APHIS-2008-0120]
RIN 0579-AC91


Swine Health Protection; Feeding of Processed Product to Swine

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the swine health protection regulations to clarify 
the applicability of the regulations regarding the treatment of garbage 
that consists of industrially processed materials. The interim rule 
made clear that such materials are subject to the same treatment 
requirements as other regulated garbage, except for materials that meet 
the definition of processed product that we added to the regulations in 
the interim rule. The interim rule was necessary to ensure that garbage 
fed to swine has been treated to inactivate disease organisms that pose 
a risk to the U.S. swine industry.

DATES: Effective on December 9, 2009, we are adopting as a final rule 
the interim rule published at 74 FR 15215-15218 on April 3, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Dave Pyburn, Senior Staff 
Veterinarian, Swine Health Programs, VS, APHIS, Room 891, 210 Walnut 
Street, Des Moines, IA 50309; (515) 284-4122.

SUPPLEMENTARY INFORMATION:

Background

    The Swine Health Protection Act (7 U.S.C. 3801 et seq., referred to 
below as the Act) is intended to protect the commerce of the United 
States and the health and welfare of the people of the United States by 
ensuring that food waste fed to swine does not contain active disease 
organisms that pose a risk to U.S. swine. The regulations in 9 CFR part 
166 regarding swine health protection (referred to below as the 
regulations) were promulgated in accordance with the Act. The 
regulations contain provisions that regulate food waste containing any 
meat products fed to swine. Compliance with the regulations ensures 
that all food waste fed to swine is properly treated to kill disease 
organisms. Raw or undercooked meat may transmit numerous infectious or 
communicable diseases to swine, including exotic viral diseases such as 
foot-and-mouth disease, African swine fever, classical swine fever, and 
swine vesicular disease. In accordance with the regulations, food waste 
containing meat may be fed to swine only if it has been treated to kill 
disease organisms.
    In an interim rule\1\ effective and published in the Federal 
Register on April 3, 2009 (74 FR 15215-15218, Docket No. APHIS-2008-
0120), we amended the regulations to clarify the applicability of the 
regulations regarding the treatment of garbage that consists of 
industrially processed materials. The interim rule made clear that such 
materials are subject to the same treatment requirements as other 
regulated garbage, except for materials that meet the definition of 
processed product that we added to the regulations in the interim rule.
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    \1\To view the interim rule, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0120).
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    Comments on the interim rule were required to be received on or 
before June 2, 2009. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule without change.
    This action also affirms information contained in the interim rule 
concerning Executive Order 12866 and the Regulatory Flexibility Act, 
Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 9 CFR Part 166

    Animal diseases, Hogs, Reporting and recordkeeping requirements.

PART 166--SWINE HEALTH PROTECTION

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 166 and that was published at 74 
FR 15215-15218 on April 3, 2009.
    Done in Washington, DC, this 27\th\ day of November 2009.

Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-29265 Filed 12-8-09: 8:45 am]
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