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USDA Announces Proposed Rule for FSIS Inspection of Imported Catfish, Etc.

The U.S. Department of Agriculture has issued a press release on a proposed rule to require the inspection of catfish and catfish products by its Food Safety and Inspection Service, as required by the Food, Conservation and Energy Act of 2008 (2008 Farm Bill1).

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Comments on the FSIS proposed rule are due by June 24, 2011.

Definition of Catfish Would Determine its Impact on Imports, Etc.

The 2008 Farm Bill requires the Secretary of Agriculture to define the term "catfish" for this new inspection program. The proposed rule provides two options for the definition of catfish and seeks public comment on the issue.

One option is the current labeling definition in the 2002 Farm Bill, which includes all species in the family Ictaluridae. The other option is to define catfish as all species in the order Siluriformes, including the three families typically found in human food channels, including Ictaluridae, Pangasiidae, and Clariidae.

(If the term “catfish” is defined as fish of the family Ictaluridae, FSIS would only inspect domestically and foreign produced Ictaluridae, which would account for virtually all of domestically produced Siluriformes and approximately 20-25% of foreign produced Siluriformes.)

Catfish Products Would Need “Mark of Inspection” from FSIS or Exporting Country

The proposed rule describes the new requirements that will apply to catfish produced in or imported to the U.S. Among these requirements is that products labeled as "catfish" must bear either the FSIS mark of inspection or a mark of inspection from the country from which it was exported.

(The proposed rule also describes other FSIS requirements, including those for inspection and transportation from farms to processing establishments, etc.)

Phase-in Period for Domestic and International Operators Anticipated

The proposed rule anticipates a transition period, consisting of four phases, during which domestic and international operations would come into compliance with the catfish inspection program. Once the catfish inspection program rules are issued in final form, FSIS will follow-up by announcing the implementation dates for key provisions in the rule.

See future issue of ITT for detailed summary of proposed rule.

Copy of proposed rule available here.

1The 2008 Farm Bill amended the Federal Meat Inspection Act making catfish an amenable species under the Act, thereby requiring that all catfish undergo inspection by FSIS. In addition, the Secretary must take into account the conditions under which catfish are raised and transported to processing establishments as part of the new inspection program.

(See ITT's Online Archives or 02/10/11 news, 11021055, for BP summary of OMB approving FSIS proposed rule on catfish and products.

See ITT's Online Archives or 06/10/10 news, 10060953, for BP announcing hearing on FSIS nominee to focus on inspection of imported catfish.

See ITT's Online Archives or 05/19/08 news, 08051905, for BP summary of 2008 Farm Bill.

See ITT's Online Archives or 07/02/07 news, 07070210, for BP summary of FDA detaining Chinese farm-raised catfish, etc. contaminated with antimicrobial agents unapproved in the U.S.

See ITT's Online Archives or 12/21/09 news, 09122125, for BP summary of importer mislabeling catfish to avoid AD duties.)