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Tuesday, November 26, 2019

USDA Releases Clarification On Definitions For Export Sales Rules On Pork, Beef

USDA Monday published its final rule on clarifications to the Export Sales reporting system in the Federal Register, after the Foreign Agricultural Service (FAS) “received informal inquiries whether exports of different types of beef and pork carcasses must be reported under the regulations.”

The final rule notes now there is a footnote to the appendix of items covered under the systems relative to “fresh, chilled or frozen muscle cuts/whether or not boxed” for beef and pork. “For greater clarity, ‘muscle cuts’ includes carcasses, whether whole, divided in half or further sub-divided into individual primals, sub-primals, or fabricated cuts, with or without bone,” the footnote explains. “Carcasses which are broken down, boxed, and sold as a complete unit are muscle cuts. Total weight of carcasses reported may include minor non-reportable items attached to carcasses (e.g., hooves attached to carcasses). Meats removed during the conversion of an animal to a carcass (e.g., variety meats such as beef/pork hearts, beef tongues, etc.) are not muscle cuts nor are items sold as bones practically free of meat (e.g., beef femur bones) or fat practically free of meat (e.g., pork clear plate) removed from a carcass.”

The rule was effective when published as it is “a final rule without prior notice and opportunity for comment.”

USDA had signaled the update was coming in the regulatory agenda released last week and FAS had previously indicated it was going to update guidance to the trade on pork and beef reporting requirements under the export sales reporting system.