[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3982-3986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1235]




[[Page 3981]]

_______________________________________________________________________

Part III





Department of Agriculture





_______________________________________________________________________



Agricultural Marketing Service



_______________________________________________________________________



7 CFR Parts 53 and 54



Standards for Grades of Slaughter Cattle and Standards for Grades of 
Carcass Beef; Proposed Rule

  Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / 
Proposed Rules   

[[Page 3982]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 53 and 54

[No. LS-94-009]


Standards for Grades of Slaughter Cattle and Standards for Grades 
of Carcass Beef

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document would revise the official U.S. standards for 
grades of carcass beef and the related standards for grades of 
slaughter cattle and remove ``B'' maturity (approximately 30-42 months 
of age) carcasses with small or slight marbling degrees from the Choice 
and Select grades and include them in the Standard grade. This action 
is being taken because carcasses with these characteristics have been 
shown to be quite variable and often unacceptable in palatability, 
therefore contributing significantly to inconsistent palatability of 
beef in the Choice and Select grades. The standards for grades of 
slaughter cattle, which are based on the beef carcass grades, would be 
revised to reflect the changes proposed for the beef carcass grade 
standards. This proposed change should serve to strengthen the 
competitive position of beef products through increased quality and 
consistency, and thus be in the best interests of cattle producers. 
Also it should provide the consumer with an improved product through 
greater consistency and predictability in the Choice and Select grades.

DATES: Comments must be received by April 19, 1995. See Supplementary 
Information for date of public hearing session.

ADDRESSEES: Written comments to: Livestock and Meat Standardization 
Branch, Livestock and Seed Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 2603 South Building, P.O. Box 
96456, Washington, DC 20090-6456. See Supplementary Information for 
location of public hearing session.

FOR FURTHER INFORMATION CONTACT: Herbert C. Abraham, Chief, Livestock 
and Meat Standardization Branch, Livestock and Seed Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, Washington, DC 20090-6456, 202/720-4486.

SUPPLEMENTARY INFORMATION:

Comments

    In order that all those affected have ample opportunity to comment, 
written views, data, or arguments will be received on the proposal. All 
persons who desire to submit written data, views, or comments on this 
proposal are invited to submit such material, in duplicate, to the 
Livestock and Meat Standardization Branch (see ADDRESSEES) on or before 
April 19, 1995. Comments must be signed and include the address of the 
sender and should bear a reference to the date and page number of this 
issue of the Federal Register. The comments should include information 
which explains and supports the sender's views. All written submissions 
will be made available for public inspection at the office of the 
Livestock and Meat Standardization Branch, Livestock and Seed Division, 
AMS, USDA, Room 2603 South Building, 14th and Independence Avenue, SW., 
Washington, DC 20250, during regular office hours.

Executive Order 12866

    The Department of Agriculture is issuing this proposed rule in 
conformance with Executive Order 12866.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This rule would not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.

Regulatory Flexibility Act

    The Administrator, Agricultural Marketing Service (AMS), has 
certified that this action will not have a significant economic impact 
on a substantial number of small entities, as defined in the Regulatory 
Flexibility Act, P.L. 96-345 (5 U.S.C. 601). The use of the beef 
carcass and slaughter cattle grade standards is voluntary, and they are 
applied equally to all size entities covered by these regulations. 
Further, this action does not impose any new requirements or costs, it 
only modifies the grade requirements to reflect modern production 
practices. Any needed management changes may be done by all entities in 
response to market signals. The proposed action is expected to benefit 
the industry by improving consumer satisfaction with beef products, and 
there should be no significant negative impact on returns.

Background

    Federal beef grading is a voluntary fee for service program, 
provided under the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621 et seq.). A primary purpose of grades is to divide the 
population of cattle and beef into uniform groups (of similar quality, 
yield, value, etc.), in order to facilitate marketing. Grades provide a 
simple, effective means of describing product that is easily understood 
by both buyers and sellers. By identifying separate and distinct 
segments of a commodity, grades enable buyers to obtain that particular 
portion of the entire range of a commodity that meets their individual 
needs. At the same time, grades are important in transmitting 
information to cattlemen so that more informed production decisions can 
be made. For example, this market preference for a particular grade of 
beef is communicated to cattle producers so they can adjust their 
production accordingly.
    When beef is voluntarily graded, the official grade consists of a 
quality grade and/or a yield grade. The quality grades are intended to 
identify differences in the palatability or eating satisfaction of 
cooked beef principally through the characteristics of marbling and 
maturity. The principal official USDA quality grades for young 
(maturity groups A and B) cattle and carcasses are Prime, Choice, 
Select, and Standard.
    In developing the grades, the Department has followed the 
philosophy that, to be effective, beef grades should sort the supply of 
beef carcasses into homogeneous groups having a sufficiently narrow 
range of grade-determining factors so that carcasses within a given 
grade are essentially interchangeable. Another primary objective is to 
provide as uniform and consistent product as possible within a given 
grade.
    The Department recognizes that the beef standards cannot be 
static--they must be dynamic to be of greatest value to the various 
users. In keeping with this philosophy, the Department has made changes 
in the standards as necessary to meet the changing needs of users of 
the system. Recommendations for changes in the standards may be 
initiated by the Department or by interested parties. When it appears 
that a change would improve the standards, generally a proposal is 
published and interested parties are provided an opportunity to 
comment. In such instances, a decision regarding adoption of the 
proposed change is made only 

[[Page 3983]]
after receipt and analysis of all comments.
    In June 1994, the National Cattlemen's Association (NCA) petitioned 
USDA to modify the beef quality grade standards by removing ``B'' 
maturity carcasses with small and slight marbling scores from the 
Choice and Select grades and include such carcasses in the Standard 
grade. This action was a recommendation of a NCA Carcass Quality Task 
Force which worked for approximately 1\1/2\ years to develop specific 
recommendations for the beef industry to win the ``war on fat,'' while 
enhancing beef quality and consistency. The task force contained broad 
representation from the cattle production and feeding sectors, as well 
as packers, purveyors, and retailers. Several actions were recommended, 
but only this particular one related directly to the beef grade 
standards.
    The NCA petition stated the modern beef animal today is typically 
marketed at 12 to 15 months of age when fed as calves and 18 to 24 
months of age when fed as yearlings. These modern animals are the 
result of progressive breeders and feeders who produce faster growing, 
more efficient cattle. If these animals receive proper care and 
nutrition, they should have no difficulty producing carcasses in the 
``A'' maturity group. Carcasses of ``B'' maturity are typically from 
cattle which are 30 to 42 months of age when marketed.
    Research conducted for the Department by Texas A&M University 
(Smith et al., 1984, Journal of Food Quality) using trained taste 
panels indicates that nearly 50 percent of the loin steaks from ``B'' 
maturity carcasses with slight marbling, and over 30 percent of the 
loin steaks from ``B'' maturity carcasses with small marbling, are less 
than satisfactory. These carcasses add significantly to the variability 
of palatability within the Select and Choice grades and they do not 
epitomize the ``modern beef carcass.'' Permitting ``B'' maturity 
carcasses with a small and slight degree of marbling to be graded 
Choice and Select when they have been proven to be considerably more 
variable in palatability than ``A'' maturity carcasses with slight and 
small marbling creates no incentives for the industry to decrease 
production and marketing of cattle which do not conform to consumer 
demand for quality and consistency.
    Although these cattle make up only a small percentage of the U.S. 
fed beef supply, their variability can contribute significantly to 
overall consumer satisfaction with beef. According to a national beef 
quality audit conducted in 1991, up to 4.8 percent of the fed beef 
supply was ``B'' maturity in the slight and small marbling groups. The 
beef industry processes approximately 26 million fed beef carcasses 
annually. The possible 4.8 percent affected by the proposed grade 
change would be 1.3 million carcasses. It is estimated that 42 percent 
of these carcasses would have less than desirable palatability. This 
means over 500,000 unsatisfactory carcasses could be removed from the 
Choice and Select grades, which should have a very important, positive 
effect on consumer satisfaction with beef. The NCA believes producers 
can and will respond quickly to the market signals that these ``older'' 
animals should be marketed at an age at which they can produce ``A'' 
maturity carcasses. Such a shift in management should effectively 
eliminate most ``B'' maturity carcasses from the beef supply without 
affecting overall economic returns to the industry.
    The proposed change should also have a positive effect on the 
marketing of Select grade beef. It will not only make the palatability 
more consistent, but it will also make the nutritional profile more 
consistent by removing from the Select grade ``B'' maturity carcasses 
which have higher amounts of fat due to the higher marbling level 
(small in ``B'' maturity compared to slight in ``A'' maturity) required 
for these carcasses to qualify for Select. This makes the Select grade 
more uniform in both fat content and consistency of palatability and 
should further its acceptance by consumers who desire a leaner 
alternative to Choice. Since the name change from Good to Select in 
1987 (52 FR 35679), the percentage of Select graded beef has steadily 
increased, and in FY 93, 33.6 percent of graded steer and heifer beef 
was Select.
    The NCA recommendation stated it was submitted to aid the beef 
industry in producing a higher quality, more consistent beef product 
under the Choice and Select grades. Eliminating ``B'' maturity 
carcasses will allow market forces to further discourage the production 
of cattle which do not conform to consumers desire for tender, tasty 
beef products. The modern beef animal raised and processed using modern 
breeding and feeding technology should have no trouble producing a 
carcass of ``A'' maturity. The U.S. beef quality grades of Choice and 
Select are recognized throughout the world as the highest quality beef. 
The small suggested modification to the standards will increase 
consumer confidence in using those grades to identify quality and 
consistency.
    The Department has carefully evaluated the recommendation and 
concurs that the suggested changes should improve consumer satisfaction 
with the Choice and Select grades and thus strengthen the competitive 
position of beef in the marketplace while aiding the beef industry in 
its objective of providing more palatable, consistent beef to 
consumers.
    Therefore, it is proposed that the beef carcass standards be 
revised to remove ``B'' maturity (approximately 30-42 months of age) 
carcasses with small or slight marbling degrees from the Choice and 
Select grades and reduce their grade to Standard.
    The standards for grades of slaughter cattle, which are based on 
the beef carcass grade standards, would be revised to reflect the 
changes proposed for the beef carcass grade standards. Grades of 
slaughter cattle are intended to be directly related to the grades of 
the carcasses they produce.

List of Subjects

7 CFR Part 53

     Cattle, Hogs, Livestock, Sheep.

7 CFR Part 54

    Food grades and standards, Food labeling, Meat and meat products.

    For the reasons set forth in the preamble, 7 CFR Part 53 and Part 
54 are proposed to be amended as follows:

PART 53--LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS)

    1. The authority citation for Part 53 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622 and 1624.

    2. In Sec. 53.203, paragraph (b)(3) is revised to read as follows:


Sec. 53.203  Application of standards for grades of slaughter cattle.

* * * * *
    (b) * * *
    (3) The approximate maximum age limitation for the Prime, Choice, 
and Standard grades of steers, heifers, and cows is 42 months. The 
maximum age limitation for the Select grade for steers, heifers, and 
cows is approximately 30 months. The Commercial grade for steers, 
heifers, and cows includes only cattle over approximately 42 months. 
There are no age limitations for the Utility, Cutter, and Canner grades 
of steers, heifers, and cows. The maximum age limitation for all grades 
of bullocks is approximately 24 months.\1\

    \1\Maximum maturity limits for bullock carcasses are the same as 
those described in the beef carcass grade standards for steers, 
heifers, and cows at about 30 months of age. However, bullocks 
develop carcass indicators of maturity at younger chronological ages 
than steers. Therefore, the approximate age at which bullocks 
develop carcass indicators of maximum maturity is shown herein as 24 
months rather than 30 months. 

[[Page 3984]]

---------------------------------------------------------------------------

* * * * *
    3. In Sec. 53.204, paragraph (c)(1) is revised to read as follows:


Sec. 53.204  Specifications for official U.S. standards for grades of 
slaughter steers, heifers, and cows (quality).

* * * * *
    (c) Select. (1) The Select grade is limited to steers, heifers, and 
cows with a maximum age limitation of approximately 30 months. 
Slaughter cattle possessing the minimum qualifications for Select have 
a thin fat covering which is largely restricted to the back and loin. 
The brisket, flanks, twist, and cod or udder are slightly full and the 
muscling is slightly firm.
* * * * *

PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, 
CERTIFICATION, AND STANDARDS)

    1. The authority citation for Part 54 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622 and 1624.

    2. Section 54.104 is amended by removing the word ``Select,'' in 
paragraph (n), revising the third and fifth sentences in paragraph (o), 
and revising Figure 1 to read as follows:


Sec. 54.104  Application of standards for grades of carcass beef.

* * * * *
    (o) * * * The Prime, Choice, Select, and Standard grades are 
restricted to beef from young cattle; the Commercial grade is 
restricted to beef from cattle too mature for Prime, Choice, and 
Standard; and the Utility, Cutter, and Canner grades may include beef 
from animals of all ages. * * * Except for the youngest maturity group 
and the Choice grade in the second maturity group, within any specified 
grade, the requirements for marbling increase progressively with 
evidences of advancing maturity. * * *

BILLING CODE 3410-02-P

[[Page 3985]]
[GRAPHIC][TIFF OMITTED]TP19JA95.002



BILLING CODE 3410-02-C

[[Page 3986]]

* * * * *
    7. Sec. 54.106 is amended by revising the third sentence in 
paragraph (b)(3), revising paragraphs (c)(1) and (c)(2) and removing 
paragraph (c)(3) to read as follows:


Sec. 54.106  Specifications for official United States standards for 
grades of carcass beef (quality-steer, heifer, cow).

* * * * *
    (b) * * *
    (3) * * * In carcasses throughout the range of maturity included in 
this group, a minimum modest amount of marbling is required (see Figure 
1) and the ribeye muscle is slightly firm.
    (c) Select (1) For carcasses throughout the range of maturity 
permitted in the Select grade, the minimum degree of marbling required 
is a minimum slight amount (see Figure 1) and the ribeye may be 
moderately soft.
    (2) Carcasses in the maturity group permitted range from the 
youngest that are eligible for the beef class to those at the juncture 
of the two youngest maturity groups, which have slightly red and 
slightly soft chine bones and cartilages on the ends of the thoracic 
vertebrae that have some evidence of ossification. In addition, the 
sacral vertebrae are completely fused and the cartilages on the ends of 
the lumbar vertebrae are nearly completely ossified. The rib bones are 
slightly wide and slightly flat and the ribeye muscle is slightly light 
red in color and is fine in texture.
* * * * *
    Dated: January 12, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-1235 Filed 1-18-95; 8:45 am]
BILLING CODE 3410-02-P