Federal Register, Volume 61 Issue 224 (Tuesday, November 19, 1996)

[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)]
[Rules and Regulations]
[Pages 58780-58782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29561]

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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 318

[Docket No. 96-009DF]
RIN 0583-AC10

Use of Corn Syrup, Corn Syrup Solids, and Glucose Syrup as
Flavoring Agents in Meat Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the
Federal meat inspection regulations to permit the use of corn syrup,
corn syrup solids, and glucose syrup as flavoring agents in meat
products at an amount sufficient for that purpose. Corn syrup is listed
in the Food and Drug Administration's (FDA) regulations as a substance
generally recognized as safe with no limitation on its use other than
good manufacturing practice. This direct final rule is in response to a
petition.

DATES: This rule will be effective on January 21, 1997 unless the
Agency receives written adverse comments within the scope of the
rulemaking or written notice of intent to submit adverse comments
within the scope of the rulemaking on or before December 19, 1996. If
adverse comments within the scope of this rulemaking are received, FSIS
will publish timely notification of withdrawal of this rule in the
Federal Register.

ADDRESSES: Adverse comments within the scope of the rulemaking or
notice of intent to submit such adverse comments should be sent to:
FSIS Docket Clerk, DOCKET #96-009DF, Room 3806, USDA, 1400 Independence
Avenue, SW, Washington, DC 20250-3700. Comments will be available for
public inspection in the FSIS Docket Room from 8:30 a.m. to 1:00 p.m.
and from 2:00 p.m. to 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director,
Facilities, Equipment, Labeling & Compounds Review Division, Office of
Policy, Program Development, and Evaluation, (202) 418-8900.

SUPPLEMENTARY INFORMATION:

Background

FSIS was petitioned to amend the Federal meat inspection
regulations to permit the use of corn syrup, corn syrup solids, and
glucose syrup as flavoring agents in red meat sausage products in an
amount sufficient for that purpose.

[[Page 58781]]

Corn syrup, commonly called ``glucose syrup,'' is obtained by partial
hydrolysis of corn starch with safe and suitable acids or enzymes. It
may also occur in the dehydrated form (dried glucose syrup). Depending
on the degree of hydrolysis, corn syrup may contain, in addition to
glucose, maltose and higher saccharides.
The petitioner stated that the use of corn syrup at varying levels
has little effect on the nutritional levels of the product. According
to data submitted by the petitioner, the use of corn syrup solids does
not adversely affect the protein values of the product when as much as
11.9 pounds per 100 pounds of meat is used. The only significant effect
on the nutrition data of the product is in the carbohydrate/sugar
content of the product. The petitioner contends that since the amount
of protein and the presence of all ingredients appear in descending
order of predominance on the label, it will accurately reflect the
presence and content of corn syrup in the product. Therefore, the
consumer is provided with sufficient information to make the purchasing
decision.
Section 318.7(c)(4) of the Federal meat inspection regulations
permits the use of corn syrup solids, corn syrup, and glucose syrup as
flavoring agents in sausage, hamburger, meat loaf, luncheon meat,
chopped or pressed ham at a level of 2.0 percent individually or
collectively, calculated on a dry basis. Section 381.147(f)(4) of the
Federal poultry products inspection regulations permits the use of corn
syrup solids, corn syrup, and glucose syrup as flavoring agents in
various products sufficient for that purpose. The Food and Drug
Administration (FDA) permits the use of corn syrup in food with no
limitation other than current good manufacturing practice.
FSIS reviewed the petition, the safety evaluation of corn syrup
solids by FDA, and the regulatory history of the use of corn syrup,
corn syrup solids, and glucose syrup in meat and poultry food products.
In light of its review, the Agency is eliminating the 2.0 percent limit
on the use of corn syrup, corn syrup solids, and glucose syrup as
flavoring agents not only for red meat sausages but for all meat
products currently listed. Therefore, FSIS is amending Sec. 318.7(c)(4)
of the Federal meat inspection regulations to permit the use of corn
syrup, corn syrup solids, and glucose syrup as flavoring agents in
sausage, hamburger, meat loaf, luncheon meat, and chopped or pressed
ham, sufficient for that purpose according to good manufacturing
practice. The Agency believes that amendment of the Federal meat
inspection regulations to use corn syrup, corn syrup solids, and
glucose syrup would provide more consistency with the current poultry
products inspection regulations. It would further promote and encourage
the development of the products by food manufacturers.
Manufacturers opting to use corn syrup, corn syrup solids, and
glucose syrup in meat sausages and similar products are required to
list the ingredients in the ingredients statement by their common or
usual names in descending order of predominance (9 CFR 317.2(f)(1)).
FSIS expects no adverse public reaction resulting from this change
in regulatory language. Therefore, unless the Agency receives adverse
comments within the scope of the rulemaking, or a notice of intent to
submit adverse comments within the scope of the rulemaking within 30
days, the action will become final 60 days after publication in the
Federal Register. If adverse comments within the scope of the
rulemaking are received, the direct final rulemaking notice will be
withdrawn and a proposed rulemaking notice will establish a comment
period.

Executive Order 12988

This direct final rule has been reviewed under Executive Order
12988, Civil Justice Reform. States and local jurisdictions are
preempted by the FMIA from imposing any marking or packaging
requirements on federally inspected meat products that are in addition
to, or different than, those imposed under the FMIA. States and local
jurisdictions may, however, exercise concurrent jurisdiction over meat
products that are outside official establishments for the purpose of
preventing the distribution of meat products that are misbranded or
adulterated under the FMIA, or, in the case of imported articles, which
are not at such an establishment, after their entry into the United
States.
This direct final rule is not intended to have retroactive effect.
There are no applicable administrative procedures that must be
exhausted prior to any judicial challenge to the provisions of this
direct rule. However, the administrative procedures specified in 9 CFR
Secs. 306.5 and 381.35 must be exhausted prior to any judicial
challenge of the application of the provisions of this direct final
rule, if the challenge involves any decision of an FSIS employee
relating to inspection services provided under the FMIA.

Executive Order 12866 and Regulatory Flexibility Act

This direct final rule has been determined to be not significant
under Executive Order 12866 and, therefore, has not been reviewed by
the Office of Management and Budget.
The Administrator has made an initial determination that this
direct final rule will not have a significant economic impact on a
substantial number of small entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601). The direct final rule will permit the
use of corn syrup, corn syrup solids, and glucose syrup as flavoring
agents in meat products at a level sufficient for purpose. This direct
final rule will impose no new requirements on small entities.

Paperwork Requirements

Abstract: FSIS has reviewed the paperwork and recordkeeping
requirements in this direct final rule. This rule requires
manufacturers that opt to use corn syrup, corn syrup solids, glucose
syrup as flavoring agents to revise their product labels and submit
such labeling to FSIS for approval.
Estimate of Burden: FSIS estimates that it takes 60 minutes to
design and modify labels in accordance with these regulations. For
label submissions, FSIS estimates a 15 minute response time to prepare
the label application form and to submit it, along with the label, to
FSIS or to a label expediter who will deliver the form and label to
FSIS.
Respondents: Meat establishments.
Estimated Number of Respondents: 750.
Estimated Number of Responses per Respondent: 3.
Estimated Total Annual Burden on Respondents: 2,813 hours.
Copies of this information collection assessment can be obtained
from Lee Puricelli, Paperwork Specialist, Food Safety and Inspection
Service, USDA, South Agriculture Building, Room 3812, Washington, DC
20250-3700.
Comments are invited on: (a) whether the proposed collection of
information is necessary for the proper performance of FSIS's
functions, including whether the information will have practical
utility; (b) the accuracy of FSIS's estimate of the burden of the
collection of information including the validity of the methodology and
assumptions used; (c) ways to enhance the quality, utility, and clarity
of the information to be collected; and (d) ways to minimize the burden
of the collection of information on those who are to respond, including
through use of appropriate automated, electronic, mechanical, or other

[[Page 58782]]

technological collection techniques, or other forms of information
technology. Comments may be sent to both Lee Puricelli, Paperwork
Specialist, at his address provided above, and the Desk Officer for
Agriculture, Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20253.
Comments are requested by January 21, 1997. To be most effective,
comments should be sent to OMB within 30 days of the publication date
of this direct final rule.

List of Subjects in 9 CFR Part 318

Food additives, Meat inspection.

For the reasons discussed in the preamble, FSIS is amending 9 CFR
part 318 of the Federal meat inspection regulations as follows:

PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND
PREPARATION OF PRODUCTS

1. The authority citation for part 318 continues to read as
follows:

Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.18, 2.53.

2. Section 318.7(c)(4) is amended by revising in the chart of
substances, under the Class of Substance ``Flavoring agents; protectors
and developers'', the entry for the substance ``Corn syrup solids, corn
syrup, glucose syrup'' to read as follows:

Sec. 318.7 Approval of substances for use in the preparation of
products.

* * * * *
(c) * * *
(4) * * *

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Class of substance Substance Purpose Products Amount
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* * * * * * *
Corn syrup solids, corn To flavor........................ Sausage, hamburger, meat loaf, Sufficient for purpose.
syrup, glucose, syrup. luncheon meat, chopped or
pressed ham.

* * * * * * *
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Done at Washington, DC, on: November 12, 1996.
Thomas J. Billy,
Administrator.
[FR Doc. 96-29561 Filed 11-18-96; 8:45 am]
BILLING CODE 3410-DM-P