[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