[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              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                     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