[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Proposed Rules]
[Pages 20130-20131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10679]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 80 / Friday, April 25, 1997 / 
Proposed Rules  

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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 319

[Docket No. 96-040P]
RIN 0583-AC29


Use of Binders in ``Ham With Natural Juices'' Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
permit the use of binders in ``Ham with Natural Juices'' products. FSIS 
currently permits the use of certain binders in cured pork products 
labeled ``Ham Water Added'' and ``Ham and Water Product--X% of Weight 
is Added Ingredients.'' FSIS is proposing this action in response to a 
petition submitted by Hormel Foods Corporation, requesting the Agency 
to allow modified food starch (or ``food starch, modified'') to be used 
as a binder in ``Ham with Natural Juices'' products, in an amount not 
exceeding 2 percent of product formulation, to prevent purging of the 
brine solution, thereby retaining product moisture and enhancing 
texture.

DATES: Comments must be received on or before June 9, 1997.

ADDRESSES: Send an original and two copies of comments to: FSIS Docket 
Clerk, DOCKET #96-040P, Room 3806, 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 from 2:00 p.m. to 
4:30 p.m., Monday through Friday.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 1996, FSIS was petitioned to approve the use of 
modified food starch in ``Ham with Natural Juices'' products, in an 
amount not exceeding 2 percent of product formulation, to prevent 
purging of the brine solution. During the manufacturing of cured pork 
products labeled ``Ham with Natural Juices,'' the products are pumped 
with a brine solution, the ultimate level of which is controlled by a 
protein-fat-free (PFF) standard described in 9 CFR 319.104. PFF is the 
minimum meat protein which is indigenous to the raw, unprocessed pork, 
expressed as a percent of the non-fat portion of the finished product. 
These products are normally packaged in clear plastic and enclosed by a 
vacuum seal. Subsequent to the curing process, the brine purges from 
the product, settling in the product's package, reducing the moisture 
content of the product and negatively affecting product appearance and 
quality.
    FSIS currently permits the use of the binders listed in 9 CFR 
318.7(c)(4), including modified food starch, in products labeled ``Ham 
Water Added'' and ``Ham and Water Product--X% of Weight is Added 
Ingredients'' to prevent purging of the brine solution. These binders 
may not, however, currently be used in ``Ham with Natural Juices'' 
products. FSIS has prohibited their use in ``Ham with Natural Juices'' 
products to prevent economic adulteration. FSIS believes that consumers 
consider ham products labeled ``Ham with Natural Juices'' to be premium 
products because they do not contain ``fillers,'' such as binders, and 
thus, are typically priced higher than the ``binders and water added'' 
ham products. Furthermore, in accordance with 9 CFR 319.104, ``Ham with 
Natural Juices'' products must meet a higher PFF value than ``Ham Water 
Added'' and ``Ham and Water Product--X% of Weight is Added 
Ingredients'' products, which reflects less added substances.
    The petitioner has developed a new process for producing its ``Ham 
with Natural Juices'' product in response to what they view as consumer 
demands for an improved ham product. The new process includes the use 
of modified food starch, which is currently prohibited in a ``Ham with 
Natural Juices'' product. According to the petitioner, their new ``Ham 
with Natural Juices'' process requires the use of modified food starch 
in order to enhance the characteristics of texture, and, more 
importantly, moisture retention that consumers associate with the 
product. The petitioner has submitted technical data and other 
information demonstrating that the finished product does not fall below 
the minimum regulated PFF value with an acceptable yield loss, as 
illustrated by purged value differences over time. Because (1) the 
product adheres to the minimum PFF value, and therefore, consumers will 
be receiving a ``Ham with Natural Juices'' product with essentially the 
same protein content and other nutrients as before, even with the 
addition of modified food starch and other permitted binders, and (2) 
modified food starch and the other permitted binders will appear in the 
ingredients statement to inform consumers of their presence, the Agency 
has concluded that ``Ham with Natural Juices'' remains an acceptable 
product identity. For these reasons, FSIS is proposing to permit the 
use of binders in ``Ham with Natural Juices'' products in an amount not 
exceeding 2 percent of product formulation, to prevent purging of the 
brine solution.

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 Regulatory Flexibility Act

    This proposed rule has been determined to be not significant and 
therefore has not been reviewed by OMB under Executive Order 12866.
    The Administrator has made an initial determination that this 
proposed rule would 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 proposed rule would permit the use 
of any one of the approved binders in ``Ham with Natural Juices'' 
products. Manufacturers opting to use the

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approved binders in ``Ham with Natural Juices'' products would incur 
labeling expenses in revising the ingredients statements of their 
labels to show the presence of the approved binders. Decisions by 
individual manufacturers on whether to use any one of the approved 
binders in ``Ham with Natural Juices'' products would be based on their 
conclusions that the benefits outweigh the implementation costs.

Paperwork Requirements

    Abstract: FSIS has reviewed the paperwork and recordkeeping 
requirements in this proposed rule in accordance with the Paperwork 
Reduction Act. This rule requires manufacturers opting to use one of 
the approved binders in ``Ham with Natural Juices'' products to revise 
their product labels. The labels would not be submitted to FSIS for 
approval because they would be generically approved in accordance with 
9 CFR 317.5.
    Estimate of Burden: Establishments must develop product labels in 
accordance with the regulations. FSIS estimates that it will take 60 
minutes to design and develop modified product labels in accordance 
with the proposed regulation.
    Respondents: Meat establishments.
    Estimated number of Respondents: 1,079 meat establishments.
    Estimated number of Responses per Respondent: FSIS estimates that 
each establishment would modify about 2 product labels.
    Estimated Total Annual Burden on Respondents: 2158 hours.
    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 
proposed 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 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. Comments may be sent to Lee Puricelli, 
Paperwork Specialist, see address above, and Desk Officer for 
Agriculture, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20253.

List of Subjects in 9 CFR Part 319

    Food Grades and Standards, Food Labeling.

    For the reasons set out in the preamble, 9 CFR part 319 would be 
amended as follows:

PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION

    1. The authority citation for part 319 would continue 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. The first sentence of paragraph (d) of section 319.104 would be 
revised to read as follows:


Sec. 319.104  Cured pork product.

* * * * *
    (d) The binders provided in Sec. 318.7(c)(4) of this subchapter for 
use in cured pork products may be used singly in those cured pork 
products labeled as ``Ham Water Added,'' ``Ham and Water Product--X% of 
Weight is Added Ingredients,'' and ``Ham with Natural Juices.'' * * *

    Done at Washington, DC, on: April 16, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-10679 Filed 4-24-97; 8:45 am]
BILLING CODE 3410-DM-P