[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21159]


[[Page Unknown]]

[Federal Register: August 26, 1994]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 94-022N]

 

Use of the Term ``Fresh'' on the Labeling of Raw Poultry 
Products; Notice of Public Hearings

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of public hearings.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
three public hearings on the use of the term ``fresh'' on the labeling 
of raw poultry products. These hearings will provide an opportunity for 
interested persons to present their views on the term ``fresh'' as used 
on the labeling of raw poultry products, and will assist FSIS in 
developing policy.

DATES: The public hearings will be held on September 12, 16, and 20, 
1994, from 9 a.m. to 4 p.m. Written notices of participation in the 
hearings should be filed by September 6, 1994.

ADDRESSES: The public hearings will be held at the following locations:

September 12: Holiday Inn Hollidome, 1612 Sisk Road, Modesto, CA
September 16: Radisson Hotel, 165 Courtland Street, Atlanta, GA
September 20: Loews L'Enfant Plaza Hotel, 480 L'Enfant Plaza SW., 
Washington, DC.

    Transcripts of the public hearings and copies of data and 
information submitted during the hearings will be available for review 
at the office of the FSIS Docket Clerk, Room 3171, South Building, Food 
Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC., under Docket Number 94-022N.

FOR FURTHER INFORMATION CONTACT:
Charles R. Edwards, Director, Product Assessment Division, Regulatory 
Programs, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, (202) 254-2565.

SUPPLEMENTARY INFORMATION: The Poultry Products Inspection Act (PPIA) 
(21 U.S.C. 451 et seq.) authorizes the Secretary of Agriculture to 
establish and maintain an inspection program designed to assure 
consumers that poultry and poultry products distributed in commerce or 
within designated States are wholesome, not adulterated, and are 
properly marked, labeled, and packaged. Under this authority, FSIS 
regulates the labeling of poultry and poultry products and has 
established a policy on the use of the term ``fresh'' on the labeling 
of poultry products. The current U.S. Department of Agriculture (USDA) 
policy permits poultry kept at or below 40 deg.F and above 0 deg.F to 
be labeled as ``fresh.'' This policy is based on Federal regulations 
that set temperatures, and chilling and freezing procedures for poultry 
products, and the labeling of such products.
    The State of California enacted a State law (Section 26661 of the 
California Food and Agriculture Code) restricting the use of the term 
``fresh'' on the labels of poultry that has ever been kept at or below 
25 deg.F. Three trade organizations filed suit to prevent enforcement 
of the California law, claiming, among other things, that it was 
preempted by the PPIA. Federal preemption authority granted in the PPIA 
prohibits States from imposing requirements on the labeling of poultry 
products that are in addition to, or different than, Federal labeling 
requirements. On April 8, 1994, a United States District Judge ruled 
that the labeling provision in the California law was preempted by 
Federal law and permanently enjoined the State from enforcing its law. 
The USDA, at the judge's request, filed an amicus curiae brief on the 
Federal preemption issue. A Federal appellate court, which heard 
argument on the appeal, has not yet ruled.

    As a result of issues raised by the California law and the 
litigation, the Secretary of Agriculture directed FSIS to reexamine its 
policy for the use of the term ``fresh'' on the labeling of raw poultry 
products. The Secretary stated that the current labeling policy in this 
area should be reexamined to ensure that it ``is reasonable and meets 
today's consumer expectations.'' The Secretary also directed FSIS to 
``make sure that any policy change does not open the door to problems 
like the growth of bacteria that could cause foodborne illness.''
    FSIS is actively pursuing the Secretary's objective to consider 
both the scientific bases for the policy and the consumer's 
expectations and perceptions of the term ``fresh'' as applied to raw 
poultry. To ensure that consumers, as well as all other interested 
parties, have a voice in establishing the Department's ``fresh'' 
policy, FSIS is holding three public hearings. These hearings will 
provide consumers, processors, producers, industry, State and local 
government officials, health officials, and all other interested 
parties the opportunity to present oral and written views on this 
issue.
    FSIS has scheduled 1-day public hearings at Modesto, CA; Atlanta, 
GA; and Washington, DC (see locations and schedules under ``dates'' and 
``addresses'' above). These public hearings will focus on specific 
issues regarding the industry's practices and controls, and consumer 
expectations and perceptions of the term ``fresh'' on the labeling of 
raw poultry. Participants should be prepared to respond to those issues 
which are identified below. Participants may comment on other issues 
relating to the labeling of poultry as ``fresh'' that have not been 
identified by FSIS.

Industry's Practices and Controls

    1. What are the current practices and controls used by industry 
(e.g., processors, wholesalers) for packaging, storing, and 
transporting raw poultry products labeled as or to be labeled as 
``fresh''?
    2. What are the current practices and controls used by retailers 
for packaging, storing, and handling raw poultry products labeled as or 
to be labeled as ``fresh''?
    3. Typically, how much time elapses between slaughter and the sale 
to consumers of raw poultry products labeled as ``fresh''?

Consumer Expectations/Perceptions

    1. What is the consumer's expectation when purchasing ``fresh'' 
poultry?
    2. Do consumers consider previously frozen poultry to be ``fresh''?
    3. Would it be useful to consumers to have an informative 
statement, such as ``previously frozen for your protection,'' on the 
labeling of poultry products that have been previously frozen?
    4. What quality characteristics (e.g., tenderness, appearance, 
etc.) do consumers associate with the term ``fresh''?
    5. What are the sensory differences (e.g., taste, texture, etc.), 
if any, between frozen poultry and poultry which has never been frozen?
    6. Would it be useful to consumers to combine the term ``fresh'' 
with other descriptive terms (e.g., ``fresh chilled,'' ``fresh deep-
chilled,'' ``cryo-fresh,'' ``fresh frozen,'' or ``fresh-super 
chilled'') on the labeling of poultry products that have been held at 
temperatures slightly above 0 deg.F?
    The presiding officer at the three hearings will be the FSIS Deputy 
Administrator for Regulatory Programs. The presiding officer will be 
accompanied by a panel of FSIS employees with relevant expertise on the 
issues.
    Persons who wish to participate are requested to submit a written 
request to Mr. Charles R. Edwards, Director, Product Assessment 
Division, Regulatory Programs, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Washington, DC 20250. The written request 
should contain the name, address, telephone number, facsimile number, 
affiliation (if applicable) of the participant, location of hearing 
where participation is requested, and a brief summary of the 
presentation. FSIS asks groups that have similar interests to 
consolidate their comments. FSIS will allocate the time available for 
the hearings among the persons who have properly submitted a request 
for participation. If time permits, FSIS may allow other interested 
persons attending the hearings who did not submit a request for 
participation, in advance, to make an oral presentation prior to the 
conclusion of the hearings. FSIS hopes that a broad spectrum of the 
private and public sectors will participate in these hearings.
    FSIS will schedule each appearance after reviewing the notices of 
participation and accompanying information, and notify each participant 
by mail, telephone, or FAX of when the time allotted to the person's 
oral presentation is scheduled to begin. Presentations will be limited 
to 5 to 10 minutes depending on the number of participants. The hearing 
schedule will be available at the hearing, and, after the hearing, it 
will be placed on file with the Docket Clerk (address above) under 
Docket Number 94-022N.
    FSIS is holding these public hearings to gather information and 
opinions on the use of the term ``fresh'' as applied to raw poultry and 
how it is currently perceived when used on the labeling of raw poultry 
products. FSIS will use this information to determine if and how the 
Department's current policy on ``fresh'' should be changed.

    Done at Washington, DC, on: August 23, 1994.
Michael R. Taylor,
Administrator, Food Safety and Inspection Service.
[FR Doc. 94-21159 Filed 8-25-94; 8:45 am]
BILLING CODE 3410-DM-P