This release was updated to correct the docket number.

NEWS RELEASE

USDA and HHS Agencies Work Together to Examine the Jurisdiction of Certain Food Categories
Agencies to Hold Public Meeting

The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture and the Food and Drug Administration (FDA) of the U.S. Department of Health and Human Services today announced a joint public meeting to discuss and solicit public comment on a consistent regulatory approach concerning the jurisdiction over certain food products that contain meat and poultry.

The meeting will be held December 15, 2005, from 10 a.m. to 4 p.m. at the Donald E. Stephens Convention Center, 5555 North River Road, Rosemont, IL.

By law, FSIS has authority over meat and poultry products. FDA has authority over all foods not under FSIS' jurisdiction. As the principal regulators, FSIS and FDA formed a working group to examine jurisdictional issues for food categories that contain meat and poultry ingredients. The group concluded that past decisions involving certain product categories are no longer consistent, largely due to marketplace changes. For example, FSIS regulates corn dogs, while FDA regulates bagel dogs.

The working group has recommended an approach that will utilize defined conditions and factors when making jurisdictional decisions for existing and future food products containing meat and poultry. Food products that primarily contain meat and poultry ingredients, such as bagel dogs, meat and poultry-based sandwiches, and natural casings, are recommended to be regulated by FSIS. Those food products that contain meat and/or poultry as ingredients for the purpose of accentuating flavor only and do not contribute to the identity of the food product, such as pizza, are recommended to be under FDA’s jurisdiction.

FSIS and FDA are holding the public meeting to invite public input on the approach recommended by the working group, and to help determine what, if any, administrative, operational, marketing, or labeling costs may be associated with the contemplated regulatory changes.

Those interested in attending the public meeting can register online at www.cfsan.fda.gov/~comm/register.html or by faxing registration information (including name, title, firm name, address, telephone number, e-mail address and fax number) to 301-436-2605 at least five working days prior to the public meeting.

FSIS and FDA will also be accepting public comments on the federal register notice containing the working group's recommendations. Comments may be submitted to Docket No. 05-013N, by any of the following methods:

• Federal eRulemaking Portal: www.regulations.gov
• Agency Web site: www.fsis.usda.gov/regulations/2005 Notices Index/index.asp
• E-mail: RegulationsComments@fsis.usda.gov
• Mail/Hand delivery/Courier: Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW, Room 102 Cotton Annex, Washington, DC 20250.

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