[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Proposed Rules]
[Pages 31017-31020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14875]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 95-011P]
RIN 0583-AB95


Continuous Chilling of Split Poultry Portions

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: FSIS is proposing to amend the poultry products inspection 
regulations to specify that the continuous immersion chilling of the 
front or rear portions of transversely-split carcasses is permitted. 
The existing regulations permit the continuous

[[Page 31018]]

chilling of whole carcasses or ``major portions,'' including front or 
rear portions, resulting from trimming or salvage. This proposal would 
define ``major portions'' to include the front or rear portions of 
transversely-split carcasses, without identifying the operation 
creating the portions. The proposed change would afford additional 
flexibility to poultry establishments in adopting efficient production 
techniques, such as on-line carcass splitting, that meet food safety 
performance standards. This proposal is compatible with FSIS 
initiatives addressing fecal contamination and moisture absorption of 
raw poultry products.

DATES: Comments must be received on or before August 5, 1997.

ADDRESSES: Send an original and two copies of comments to FSIS Docket 
Clerk, DOCKET #95-011P, Room 3806, 1400 Independence Avenue, SW, 
Washington, DC 20250-3700. Reference material 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 p.m. and from 2 p.m. to 4:30 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dr. Alice Thaler, Chief, Concepts and 
Design Branch, Inspection Methods Development Division, Office of 
Policy, Program Development, and Evaluation, (202) 720-3219.

SUPPLEMENTARY INFORMATION:

Background

    The existing regulations governing the chilling of poultry 
carcasses and parts were developed in the late 1960's, when the most 
popular form of ready-to-cook poultry consumed in the United States was 
the whole bird. Since that time, the market demand and the variety of 
poultry products have greatly expanded. With that expansion, the demand 
for poultry parts and further processed products relative to whole 
poultry carcasses has increased. To illustrate this change: in 1969, 
when over 2 billion pounds of young chickens were federally inspected 
and passed, 71 percent of the chickens were marketed as whole 
carcasses, 25 percent were cut up or sold as parts, and 4 percent were 
further processed. In 1992, when 21 billion pounds were inspected and 
passed, 15 percent were marketed as whole carcsses, while 55 percent 
were sold as parts, and 30 percent were further processed.
    The trend continues. In 1995, when 23 billion pounds were produced, 
10.7 percent were sold as whole birds, 53 percent were cut-up, and 36.3 
percent were further processed. It is estimated that currently only 10 
percent of young chickens is being marketed whole, while 53 percent is 
``cut up'' and 37 percent is further processed.
    The poultry industry has sought ways of improving production 
efficiency to meet the steadily increasing demand. One improvement 
involves splitting the dressed poultry carcasses transversely, into 
front and rear sections, after evisceration.
    After chilling, the split carcasses can be routed to the cut-up 
operation in the same establishment or they can be packaged and 
shipped. All raw poultry products, whether white meat or dark meat, 
must be chilled to a safe temperature before being shipped from the 
establishment. For those split carcass portions that are shipped 
directly after chilling, the establishment avoids some in-plant 
handling costs and reduces the time-to-market for the split carcass 
portions. If the split portions are to be cut up or further processed 
on the same premises, the establishment gains some production 
flexibility that is related to the different characteristics of the 
front and rear portions. The front portion, including the breast and 
wings, is mostly white meat; the rear section, including the lower back 
and legs, is mostly dark meat. The front portion is commonly chilled on 
the bone to prevent a condition known as ``cold shortening,'' a 
contraction of the muscle tissues that would make hand deboning prior 
to chilling infeasible. If deboned before being chilled, the resulting 
poultry meat would be too tough for many uses. Chilling on the bone 
limits the muscle tissue contraction and preserves the tenderness of 
the meat.
    The rear, or dark-meat portion, however, is less susceptible to 
cold shortening, and can either be routed to the cutting room and 
``hot-deboned,'' i.e., deboned without first being chilled, or it can 
be run through the chiller before being packaged and shipped. The dark 
meat is used in a variety of popular products, including salami and 
turkey ham. There is an obvious advantage to the establishment in 
having the dark raw poultry meat available for further processing 
without the delay of chilling. In any event, hot-deboned product is 
chilled within two hours of the time of slaughter and dressing.
    There is a potential food safety advantage to splitting poultry 
carcasses. Since the smaller the object to be cooled, the faster its 
temperature drops, a split carcass portion can be cooled more quickly 
than a whole carcass. Decreasing the cooling time significantly 
diminishes the period in which the carcass portion is in the ``danger 
zone,'' the temperature range favorable for the growth of microbial 
populations.
    Another potential food safety advantage from transversely splitting 
the carcass is that the interior of split carcass portions is more 
visible than the interior of whole carcasses. Federal inspectors and 
establishment employees would be able to conduct a better visual 
inspection of the interior cavity of split carcasses than of whole 
carcasses. In this regard, the establishment could situate the 
splitting operation on the production line before the location where 
the required pre-chill finished product standards (FPS) tests are 
performed. With a better view of the carcass interior, the 
establishment could conduct more effective FPS tests. Long-term 
improvements in process control as well as a better, safer product 
could result.
    One particular advantage of transversely splitting carcasses could 
be an improved chance, while conducting the FPS test, of observing 
contamination by feces or extraneous material and of acting to prevent 
such contamination. This would be especially helpful in carrying out 
regulations FSIS recently published (62 FR 4139, February 4, 1997) that 
establish a ``zero tolerance'' for feces on raw poultry carcasses 
entering the chiller. The ``zero tolerance'' will be applied during 
pre-chill FPS tests on both split carcasses and whole carcasses.
    Section 381.66(c)(2)(iv) of the regulations permits the continuous 
chilling of ``parts of major size, either front or rear portions, 
wherein the major portion of the poultry carcass remains intact,'' as 
long as such portions were created by trimming or salvage operations. 
Trimming operations remove some part of a poultry carcass. For example, 
a broken wing may be trimmed from a breast. Salvage operations, on the 
other hand, are intended to save a portion of the carcass by cutting it 
away from an unacceptable portion. An example of a salvage procedure is 
the splitting of the carcass into front and rear portions to save the 
breast portion while condemning the rear portion that has become 
adulterated. Section 381.66(c)(2)(iv) of the current poultry products 
inspection regulations permits such major portions resulting from 
partial trimming or salvage operations to be chilled in a continuous 
chiller.
    Some have interpreted the regulations as not permitting the 
immersion chilling of split poultry portions that were created other 
than by trimming or salvage. The regulations were developed during the 
late 1960's and reflect the

[[Page 31019]]

production and market conditions of that period. In those days, as 
stated above, poultry industry operations were oriented primarily 
toward the marketing of whole birds. The regulations provide for the 
handling of useable portions of carcasses that cannot be marketed as 
whole birds. The ``parts of major size'' or ``major portions'' referred 
to in the regulations were typically the result of a trimming or 
salvage procedure and were available for sale as parts or for further 
processing, which at that time constituted the smaller part of the raw 
poultry market.
    The regulations governing the chilling of poultry parts, including 
the provisions addressing ``major portions,'' were intended to prevent 
the marketing of products containing excessive moisture. This form of 
adulteration might occur if individual poultry parts, such as 
drumsticks, thighs, split breasts, or split halves (carcasses split 
longitudinally along the sternum into ``mirror image'' portions) were 
permitted to be cooled in continuous immersion chillers. Under most 
current processing conditions, such individual parts are likely to 
absorb more water than ``major portions.'' These individual parts may 
be cooled only in the air, in ice, or under a spray of water with 
continuous draining.
    On the other hand, whole carcasses and major portions of carcasses 
may be cooled in continuous chillers, provided that the moisture 
absorption limits prescribed in the regulations are not exceeded. Like 
the whole carcass, the front or rear portions of transversely split 
carcasses absorb incidental amounts of moisture when placed in 
continuous chillers. This is true whether the portion was created by 
trimming, salvage operation, or a procedure such as on-line carcass-
splitting.
    Establishments that have tested split-carcass processing methods 
under FSIS supervision have achieved favorable results in keeping water 
absorption low, in chilling product rapidly to a safe temperature, and 
in maintaining product wholesomeness. Proper application of these 
carcass splitting methods yields product that is not adulterated.
    FSIS has determined that the regulatory provision for chilling 
major portions should be reworded to specifically include transversely 
split carcass portions, as described above, regardless of the operation 
which created the portions. The Agency is proposing to modify the 
definition of ``major portion'' to include these split-carcasses and 
carcasses from which small pieces have been removed. This proposal 
would not affect the existing regulatory restrictions on the chilling 
of individual parts.
    This proposal concerns the application of existing moisture 
retention and absorption standards to split carcass portions, rather 
than the standards, themselves. FSIS is developing proposed regulations 
addressing the current regulatory limits on moisture absorption and 
retention in dressed poultry carcasses and parts.
    This proposed rule is limited to clarifying the regulations to 
accommodate the processing of splitting poultry carcasses. The proposal 
would amend the chilling requirement at Sec. 381.66(b)(2) to apply both 
to whole carcasses and to major portions, as defined at proposed 
Sec. 381.170(b)(22) to include transversely-split carcasses. Section 
381.66(b)(2) would also be amended to refer to the new 
Sec. 381.170(b)(22) rather than to Sec. 381.66(c)(2)(iv).
    This proposed rule would also amend Sec. 381.66(c)(2)(iv) by 
removing the word ``carcasses'' from the term ``split carcasses'' and 
replacing it with ``halves.'' ``Split halves'' is a term widely used in 
the poultry industry to denote the left and right halves of a poultry 
carcass divided lengthwise. The amended paragraph would continue to 
prohibit the continuous chilling of split halves.
    FSIS would continue to require establishments creating split 
carcass portions to meet the same moisture absorption and retention 
limits for split as for whole carcasses. These limits are set forth in 
9 CFR 381.66(d)(3), Table 3, and 381.66(d)(4)(ii).
    Finally, FSIS is proposing, at proposed Sec. 381.170(b)(22), to 
define ``major portions'' as carcasses from which small parts may be 
missing, or the front or rear portions of transversely split carcasses. 
As mentioned, the amended Sec. 381.66(b)(2) would refer to the new 
definition.

Executive Order 12866

    This proposed rule has been determined to be not significant and 
was not reviewed by the Office of Management and Budget under Executive 
Order 12866.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. States and local jurisdictions are preempted by 
the Poultry Products Inspection Act (PPIA) from imposing any marking or 
packaging requirements on federally inspected poultry products that are 
in addition to, or different than, those imposed under the PPIA. States 
and local jurisdictions may, however, exercise concurrent jurisdiction 
over poultry products that are outside official establishments for the 
purpose of preventing the distribution of poultry products that are 
misbranded or adulterated under the PPIA, or, in the case of imported 
articles, which are not at such an establishment, after their entry 
into the United States.
    This proposed 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 
proposed rule. However, the administrative procedures specified in 9 
CFR 381.35 must be exhausted prior to any judicial challenge of the 
application of the provisions of this proposed rule, if the challenge 
involves any decision of an FSIS employee relating to inspection 
services provided under the PPIA.

Effect on Small Entities

    The Administrator has made an initial determination that this 
proposed 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). This proposed rule will not impose any 
additional requirements on poultry processors. Compliance with this 
proposed rule is voluntary; poultry processors that intentionally split 
poultry carcasses into major portions as a result of a trimming or 
salvage operation do not have to cool the product using ice and water 
in a continuous chiller. They may cool major portions using air, ice, 
or under a spray of water with continuous drainage. Poultry processors 
opting to chill major parts resulting from production techniques such 
as on-line carcass-splitting could do so in a continuous ice and water 
chiller. This would allow them to appropriately handle the separated 
carcass portions immediately after splitting. The white meat portion 
could immediately be chilled to the proper temperature for further 
processing or direct sale to consumers, while the dark meat portion, 
which is usually processed, could be directly deboned and used in 
further processed cooked products.

List of Subjects in 9 CFR Part 381

    Poultry and poultry products.

    For the reasons set forth in the preamble, FSIS is proposing to 
amend 9 CFR part 381 as follows:

[[Page 31020]]

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 381.66 is amended by revising the first sentence of 
paragraph (b)(2); by revising the first and second sentences of 
paragraph (c)(2)(iv) and, in the last sentence of (c)(2)(iv), by 
removing the words ``from salvage operations,'' and by replacing the 
word ``carcasses'' with the word ``halves'' to read as follows:


Sec. 381.66  Temperatures and chilling and freezing procedures.

* * * * *
    (b) * * *
    (2) Major portions of poultry carcasses, as defined in 
Sec. 381.170(b)(22), and poultry carcasses shall be chilled to 40 deg. 
F. or lower within the times specified below: * * *
* * * * *
    (c) * * *
    (2) * * *
    (iv) Major portions of poultry carcasses, as defined in 
Sec. 381.170(b)(22), may be chilled in water and ice, including 
chilling in continuous chillers. * * *
* * * * *
    3. Paragraph (b)(22) is added to Sec. 381.170 to read as follows:


Sec. 381.170  Standards for kinds and classes, and for cuts of raw 
poultry.

* * * * *
    (b) * * *
    (22) ``Major portions'' of eviscerated poultry carcasses are either 
carcasses from which parts may be missing, or the front or rear 
portions of transversely split carcasses.

    Done at Washington, DC, on May 29, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-14875 Filed 6-5-97; 8:45 am]
BILLING CODE 3410-DM-P