[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Rules and Regulations]
[Pages 40627-40630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20321]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 146 / Thursday, July 30, 1998 / Rules 
and Regulations  

[[Page 40627]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 70

[Docket No. PY-97-004]


Voluntary Poultry and Rabbit Grading Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is amending the 
regulations governing the voluntary poultry and rabbit grading 
programs. The revisions simplify the definition about feathers on 
poultry, provide an alternative grademark for poultry and rabbit 
products, provide for the use of a ``Prepared From'' grademark to 
officially identify specialized products that originate from officially 
graded poultry, change the sample plan used by graders, and increase 
the lighting intensity required at grading stations. From time to time, 
sections in the regulations are affected by changes in processing 
technology and marketing. This rule updates the regulations to reflect 
these changes.

DATES: This rule is effective August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Douglas C. Bailey, Chief, 
Standardization Branch, (202) 720-3506.

SUPPLEMENTARY INFORMATION: This rule has been determined to be not 
significant for purposes of Executive Order 12866 and has not been 
reviewed by the Office of Management and Budget (OMB).
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on small entities as defined in the RFA (5 U.S.C. 601). There 
are some 200 plants using the Agency's voluntary poultry grading 
services and many of them are small entities.
    The definition Free from protruding pinfeathers, diminutive 
feathers, or hairs is simplified by removing the words ``pinfeathers'' 
and ``diminutive,'' words no longer commonly used when discussing 
feathers and poultry quality. Additionally, in the definition for 
Ready-to-cook poultry, the word ``pinfeathers'' is changed to 
``feathers.'' These changes merely reflect current practices and should 
not have any additional economic impact on entities using voluntary 
poultry grading services.
    Poultry and rabbit processors will be allowed to use a shield 
displayed in three colors on packaging materials to officially identify 
USDA graded poultry and rabbits. Similarly, producers of products 
originating from A quality poultry, for which there are no U.S. grade 
standards, will be allowed to use a ``Prepared From'' grademark on 
packaging materials. The use of these alternative forms of the USDA 
grademark gives processors greater flexibility in packaging and 
marketing their products. Since these alternative grademarks are used 
at the processors' discretion, any economic impact caused by their use 
is by the choice of the processors.
    Changing the sampling plan will enable graders to select a more 
representative sample upon which to base grading decisions. The 
economic impact should be no greater than under the current sampling 
plan. Increasing the lighting intensity required at grading stations 
will enhance the grader's ability to visually evaluate products. Both 
changes will provide processors with fairer, more accurate evaluations. 
Better lighting could also help avoid the economic burden of 
reprocessing product or diverting product unnecessarily downgraded 
because of inadequate lighting. The costs, if any, for increasing the 
lighting intensity should be minor.
    For the above reasons, the Agency has certified that this action 
will not have a significant impact on a substantial number of small 
entities.

Background and Comments

    Poultry and rabbit grading are voluntary programs provided under 
the Agricultural Marketing Act of 1946, as amended, and are offered on 
a fee-for-service basis. They are designed to assist the orderly 
marketing of poultry and rabbits by providing for the official 
certification of quality, quantity, class, temperature, packaging, and 
other factors. Changes in processing technology and marketing require 
that the regulations governing poultry and rabbit grading be updated 
from time to time.
    A proposed rule to amend the voluntary poultry and rabbit grading 
regulations was published in the Federal Register (62 FR 63471) on 
December 1, 1997. Comments on the proposed rule were solicited from 
interested parties until January 30, 1998. During the 60-day comment 
period, the Agency received one comment. It was from a State department 
of agriculture in support of the proposed changes.
    Freedom from feathers is one of the factors considered in poultry 
grading. In the definition Free from protruding pinfeathers, diminutive 
feathers, or hairs (Sec. 70.1), the words ``pinfeathers'' and 
``diminutive'' are removed. These words are no longer commonly used 
when discussing feathers and poultry quality. Nor are they needed to 
achieve the quality standards set by the regulations. To be consistent, 
in the definition Ready-to-cook poultry, the word ``pinfeathers'' is 
changed to ``feathers.''
    The Agency will permit the use of alternative grademarks 
(Sec. 70.51) so that processors wanting to use them can have additional 
flexibility in packaging and marketing their products. Processors 
wanting to use a USDA grademark to identify their consumer-pack USDA 
graded poultry and rabbit products could use a new grademark that 
contains horizontal bands of three colors. Processors who use USDA 
Grade A poultry to produce specialized poultry products, for which 
there are no U.S. grade standards, could use a ``Prepared From'' 
grademark on the

[[Page 40628]]

specialized poultry products. The section is also reorganized for 
clarity.
    The regulations contain a sampling plan to guide graders when they 
select samples upon which to base grading decisions (Sec. 70.80(b)). 
The sampling plan is changed so that the sample size more closely 
reflects the size of the lot being sampled, thereby fostering a more 
representative sample of each lot.
    The regulations also specify the lighting intensity required at 
grading stations in the processing plants (Sec. 70.110). The lighting 
intensity is increased from 50-foot candles to 100-foot candles to 
improve the graders ability to visually evaluate the products being 
graded. This is the same intensity as that required by USDA's Food 
Safety and Inspection Service at all of their inspection stations.

List of Subjects in 7 CFR Part 70

    Food grades and standards, Food labeling, Poultry and poultry 
products, Rabbits and rabbit products, Reporting and recordkeeping 
requirements.

    For reasons set forth in the preamble, Title 7, Code of Federal 
Regulations part 70 is amended as follows:

PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS

    1. The heading for part 70 is revised to read as set forth above:
    2. The authority citation for part 70 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

    3. In Sec. 70.1, the definition for Ready-to-cook poultry is 
amended by removing the word ``pinfeathers'' and adding in its place 
the word ``feathers'' and the definition for Free from protruding 
pinfeathers, diminutive feathers, or hairs is revised to read as 
follows:


Sec. 70.1  Definitions.

* * * * *
    Free from protruding feathers or hairs means that a poultry 
carcass, part, or poultry product with the skin on is free from 
protruding feathers or hairs which are visible to a grader during an 
examination at normal operating speeds. However, a poultry carcass, 
part, or poultry product may be considered as being free from 
protruding feathers or hairs if it has a generally clean appearance and 
if not more than an occasional protruding feather or hair is evidenced 
during a more careful examination.
* * * * *
    4. Section 70.51 is revised to read as follows:


Sec. 70.51  Form of grademark and information required.

    (a) Form of official identification symbol and grademark. (1) The 
shield set forth in Figure 1 of this section shall be the official 
identification symbol for purposes of this part and when used, 
imitated, or simulated in any manner in connection with poultry or 
rabbits, shall be deemed prima facia to constitute a representation 
that the product has been officially graded for the purposes of 
Sec. 70.2.
    (2) Except as otherwise authorized, the grademark permitted to be 
used to officially identify USDA consumer-graded poultry and rabbit 
products shall be of the form and design indicated in Figures 2 through 
4 of this section. The shield shall be of sufficient size so that the 
printing and other information contained therein is legible and in 
approximately the same proportion as shown in these figures.
    (3) The ``Prepared From'' grademark in Figure 5 of this section may 
be used to identify specialized poultry products for which there are no 
official U.S. grade standards, provided that these products are 
approved by the Agency and are prepared from U.S. Consumer Grade A 
poultry carcasses, parts, or other products that comply with the 
requirements of AMS Sec. 70.220. All poultry products shall be 
processed and labeled in accordance with 9 CFR part 381.
    (b) Information required on grademark. (1) Except as otherwise 
authorized by the Administrator, each grademark used shall include the 
letters ``USDA'' and the U.S. grade of the product it identifies, such 
as ``A Grade,'' as shown in Figure 2 of this section. Such information 
shall be printed with the shield and the wording within the shield in 
contrasting colors in a manner such that the design is legible and 
conspicuous on the material upon which it is printed.
    (2) Except as otherwise authorized, the bands of the shield in 
Figure 4 of this section shall be displayed in three colors, with the 
color of the top, middle, and bottom bands being blue, white, and red, 
respectively.
    (3) The ``Prepared From'' grademark in Figure 5 of this section may 
be any one of the designs shown in Figures 2 through 4 of this section. 
The text outside the shield shall be conspicuous, legible, and in 
approximately the same proportion and close proximity to the shield as 
shown in Figure 5 of this section.
    (c) Products that may be individually grademarked. The grademarks 
set forth in Figures 2 through 4 of this section may be applied 
individually to ready-to-cook poultry, rabbits, and specified poultry 
food products for which consumer grades are provided in the U.S. 
Classes, Standards, and Grades for Poultry and Rabbits, AMS 70.200 and 
70.300 et seq., respectively, or to the containers in which such 
products are enclosed for the purpose of display and sale to household 
consumers, only when such products qualify for the particular grade 
indicated in accordance with the consumer grades.

BILLING CODE 3410-02-P

[[Page 40629]]

[GRAPHIC] [TIFF OMITTED] TR30JY98.000


BILLING CODE 3410-02-C

[[Page 40630]]

    5. In Sec. 70.80, the chart is revised to read as follows:


Sec. 70.80  General.

* * * * *

------------------------------------------------------------------------
             Containers in lot                  Containers in sample    
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1-4.......................................  All.                        
5-50......................................  4.                          
51-100....................................  5.                          
101-200...................................  6.                          
201-400...................................  7.                          
401-600...................................  8.                          
For each additional 100 containers, or      Include one additional      
 fraction thereof, in excess of 600          container.                 
 containers.                                                            
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    6. In Sec. 70.110, paragraph (b) is revised to read as follows:


Sec. 70.110  Requirements for sanitation, facilities, and operating 
procedures in official plants.

* * * * *
    (b) With respect to grading services, there shall be a minimum of 
100-foot candles of light intensity at grading stations; and acceptable 
means, when necessary, of maintaining control and identity of products 
segregated for quality, class, condition, weight, lot, or any other 
factor which may be used to distinguish one type of product from 
another.

    Dated: July 23, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-20321 Filed 7-29-98; 8:45 am]
BILLING CODE 3410-02-P