[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27940-27941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13408]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 318
[Docket No. 96-023DF]
RIN 0583-AC14
Use of Liquid Nitrogen for Contact Freezing of Meat and 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) will permit the
use of liquid nitrogen for the contact freezing of meat and meat
products. The use of liquid nitrogen to contact freeze poultry and
poultry products is already permitted and the effects are the same. The
substance is completely safe for the consumer, and, with the use of
reasonable safety precautions as prescribed by Occupational Safety and
Health Administration (OSHA) standards, safe for inspectors and workers
in the establishment as well.
EFFECTIVE DATE: This rule will be effective on July 21, 1997, unless
adverse or critical comments within the scope of the rulemaking or
notice of intent to submit adverse comments within the scope of the
rulemaking are received on or before June 23, 1997.
ADDRESSES: Send an original and two copies of adverse written comments
within the scope of the rulemaking to: FSIS Docket Clerk, DOCKET #96-
023DF, Room 102 Cotton Annex Building, 300 12th Street, SW, Food Safety
and Inspection Service, U.S. Department of Agriculture, Washington, DC
20250-3700. Data submitted by the petitioner and all comments received
will be available for public inspection from 8:30 a.m. to 1:00 p.m.,
and from 2:00 p.m. to 4:30 p.m., Monday through Friday, in the FSIS
Docket Room.
FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director,
Facilities, Equipment, Labeling, and Compounds Review Division, (202)
418-8900.
SUPPLEMENTARY INFORMATION: BOC Gases petitioned the Department to
change the Federal meat inspection regulations to permit liquid
nitrogen to be used for the contact freezing of meat and meat products.
The petitioner made the point that this substance is already permitted
to contact freeze poultry and poultry products under the poultry
products inspection regulations. In addition, the petitioner submitted
correspondence from the Food and Drug Administration (FDA) which
indicated that liquid nitrogen is generally recognized as safe for use
as a propellant, aerating agent and gas under 21 CFR 184.1540. Although
not specifically listed as a freezant, FDA has advised that it does not
object to the use of liquid nitrogen as a freezant, so long as it is of
a purity suitable for its intended use. FSIS also knows of no food
safety concerns with respect to this substance.
Further, because the liquid nitrogen has a temperature of -320
deg.F, such chilling is ideal for achieving rapid freezing which halts
bacterial growth, thus both increasing food safety by inhibiting the
multiplication of pathogens and improving shelf life and meat quality
by inhibiting spoilage organisms. The possibility of cross
contamination from exchange of marinade or breading is virtually
nonexistent because of the extremely fast chill, creating an immediate
stabilization of the exterior surfaces upon contact.
Liquid nitrogen is an asphyxiant and is dangerously cold. However,
the Occupational Safety and Health Administration (OSHA) requirements
include a 19% oxygen atmosphere and the use of venting and warning
signs to prevent human exposure. This method of chilling has been used
in a number of poultry plants for some time without incident.
Therefore, FSIS is amending the table of approved substances in 9
CFR 318.7 (c)(4) to allow the use of liquid nitrogen as a contact
freezant for meat and meat products. FSIS expects no adverse public
reaction from this change in regulatory language. Therefore, unless the
Agency receives adverse or critical comments within the scope of the
rulemaking or a notice of intent to submit adverse comments within 30
days, the action will become final 60 days after publication in the
Federal Register. If such adverse comments are received, the final
rulemaking will be withdrawn and a proposed rulemaking notice will be
published. The proposed rulemaking notice will establish a comment
period.
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
regulation 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.
[[Page 27941]]
Executive Order 12866 and the Regulatory Flexibility Act
This final rule has been determined to be not significant 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 liquid nitrogen as a contact freezant for meat and meat
products. Use of this freezant is voluntary. Because the freezant does
not add anything to the product ingredients, a label change is not
required. Decisions by individual manufacturers on whether to use this
freezant will be based on their conclusions as to whether the benefits
of use of this freezant outweigh the costs, including following the
safety precautions mandated by OSHA.
List of Subjects in 9 CFR Part 318
Food additives, Meat inspection.
Final Rule
For the reasons discussed in this preamble, FSIS is amending 9 CFR
part 318 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. In the chart in Sec. 318.7 (c)(4), under the Class of Substance
``Gases'' a new entry for the substance ``liquid nitrogen'' is added
right after ``carbon dioxide solid (dry ice)'' 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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* * * * * *
*
Gases
* * * * * *
*
Liquid nitrogen.. Contact freezant. Various.......... Sufficient for
purpose.
* * * * * *
*
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Done at Washington, DC, on May 14, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-13408 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-DM-P