[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68167-68168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32853]


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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 96-007P]
RIN 0583-AC17


Use of Two Kinds of Poultry Without Label Change

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: In response to a petition, the Food Safety and Inspection 
Service (FSIS) is proposing to amend the poultry products inspection 
regulations by adding a provision that would permit manufacturers of 
poultry products to interchange the amounts and kinds of poultry 
present in a product without requiring new labels for each formulation. 
This provision would apply in situations where two kinds of poultry 
make up at least 70 percent of the poultry and poultry ingredients used 
in the product formulation, and neither of the two kinds of poultry 
used constitutes less than 30 percent of the poultry and poultry 
ingredients used. In these situations, one label with the word ``and'' 
instead of a comma between the declaration of the kinds of poultry in 
the ingredients statement would indicate to consumers that the order of 
predominance of the two kinds of poultry may be interchanged. This 
action would provide consistent provisions for both meat and poultry 
products.

DATES: Comments must be received on or before: February 25, 1997.

ADDRESSES: Send an original and two copies of comments to: FSIS Docket 
Clerk, Docket #96-007P, Room 3806-S, 1400 Independence Avenue, SW, 
Washington, DC 20250-3700. Reference materials cited in this document 
and any comments received will be available for public inspection in 
the FSIS Docket Room from 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 
p.m., Monday through Friday.

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

SUPPLEMENTARY INFORMATION:

Background

    FSIS has been petitioned to amend the poultry products inspection 
regulations to add a provision that would permit poultry processors to 
interchange the kinds of poultry used to prepare a poultry product 
without requiring that the product label be changed to reflect the 
order of predominance of the kinds of poultry.
    The Federal meat inspection regulations currently provide that when 
two meat ingredients comprise at least 70 percent of the meat and meat 
byproduct ingredients of a product formulation and when neither of the 
two meat ingredients constitutes less than 30 percent of the total 
weight of the meat and meat byproducts used, the meat ingredients may 
be interchanged in the product formula without a change being made in 
the ingredients statement, if the word ``and'' is used in lieu of a 
comma between the two meat ingredients in the ingredients statement (9 
CFR 317.2(f)(1)(v)). (Meat byproduct ingredients are any parts of a 
meat carcass that are capable of use as human food other than meat.) 
For example, if a sausage is made with both beef and pork the 
proportions of beef can vary from 30 to 70 percent and the proportions 
of pork can vary from 30 to 70 percent, without necessitating a change 
in the product's ingredients statement. This provision was originally 
promulgated in response to an industry request to allow meat processors 
to utilize different amounts of meat ingredients without having to 
develop and maintain an inventory of labels with different ingredients 
statements. This provision permits processors to utilize whichever 
species of meat is the least expensive at the time the product is being 
produced. This provision, when promulgated for meat products, was not 
extended to poultry products because, at that time, the poultry 
industry was producing further processed poultry

[[Page 68168]]

products (such as poultry rolls and sausages) only on a very limited 
scale. Conditions in the poultry industry have changed since that time. 
Therefore, the petitioner requests that the labeling flexibility 
afforded to meat processors be available to poultry processors.
    FSIS has determined that there is merit to the petitioner's 
request, and is proposing to amend the poultry products inspection 
regulations to add a provision to permit manufacturers of poultry 
products to interchange the amounts and kinds of poultry present in a 
product formulation without requiring new labels for each formulation. 
This provision would apply to those products in which at least 70 
percent of the poultry and poultry ingredients portion comprises two 
kinds of poultry, and neither of the two kinds of poultry used in the 
product constitutes less than 30 percent of the poultry and poultry 
ingredients. (Poultry ingredients include such products as giblets, 
skin and/or fat in excess of natural proportions, and mechanically 
separated (kind)).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) all State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Executive Order 12866 and the Regulatory Flexibility Act

    This proposal 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 
proposal will not have a significant impact on a substantial number of 
small entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 
601). The proposal would provide flexibility in the amount and kinds of 
poultry that may be used in a product formulation without having to 
change product labels.

Paperwork Requirements

    Abstract: FSIS has reviewed the paperwork and recordkeeping 
requirements in this proposed rule. This proposed rule would permit 
establishments to interchange the amounts and kinds of poultry present 
in a product without having to change the product label. However, 
establishments wishing to take advantage of this provision would need 
to develop and print labels which conform to the proposed rule.
    Estimate of Burden: Meat and poultry establishments must develop 
product labels in accordance with the regulations. To receive approval 
of the labels, establishments must complete FSIS Form 7234-1. FSIS 
program employees review FSIS Form 7234-1 to ensure that information on 
the label complies with the regulations. FSIS estimates that it will 
take 60 minutes to design and develop a modified product label in 
accordance with the proposed regulations, and 15 minutes to prepare 
FSIS Form 7234-1 and submit it, along with the label, to FSIS or a 
label expediter who will deliver the form and label to FSIS.
    Respondents: Poultry establishments.
    Estimated Number of Respondents: 50.
    Estimated Number of Responses per Respondent: 2.
    Estimated Total Annual Burden on Respondents: 125 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 the functions of 
the Agency, including whether the information will have practical 
utility; (b) the accuracy of the Agency'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 
technological collection techniques or other forms of information 
technology. Send comments to both Lee Puricelli, Paperwork Specialist, 
at the 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 February 25, 1997. To be most effective, 
comments should be sent to OMB within 30 days of the publication date 
of this proposed rule.

List of Subjects

9 CFR Part 381

    Poultry products inspection, Labeling.

    For the reasons discussed in the preamble, FSIS is proposing to 
amend part 381 of the poultry products inspection regulations (9 CFR 
part 381) as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    1. The authority citation for part 381 would continue to read as 
follows:

    Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 
2.18, 2.53.

    2. Section 381.118 would be amended by adding a new paragraph (f) 
to read as follows:


Sec. 381.118  Ingredients statement.

* * * * *
    (f) Establishments may interchange the identity of two kinds of 
poultry (e.g., chicken and turkey) used in a product formulation 
without changing the product's ingredients statement under the 
following conditions: the two kinds of poultry used must comprise at 
least 70 percent by weight of the poultry and poultry ingredients 
(e.g., giblets, skin and/or fat in excess of natural proportions, or 
mechanically separated (kind)) used, and neither of the two kinds of 
poultry used can be less than 30 percent by weight of the total poultry 
and poultry ingredients used. The word ``and'' in lieu of a comma must 
be shown between the declaration of the two kinds of poultry in the 
ingredients statement.

    Done at Washington, DC, on: December 17, 1996.
Thomas J. Billy,
Administrator.
[FR Doc. 96-32853 Filed 12-26-96; 8:45 am]
BILLING CODE 3410-DM-P