[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48958-48960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24308]



[[Page 48957]]

_______________________________________________________________________

Part V





Department of Agriculture





_______________________________________________________________________



Food Safety and Inspection Service



_______________________________________________________________________



9 CFR Parts 381 and 441



Poultry Products Inspection Regulations: Continuous Chilling of Split 
Poultry Portions; Final Rule



Poultry Chilling Performance Standards: Retained Water in Raw Meat and 
Poultry Products; Proposed Rule

  Federal Register / Vol. 63, No. 176 / Friday, September 11, 1998 / 
Rules and Regulations  

[[Page 48958]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

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


Continuous Chilling of Split Poultry Portions

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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

EFFECTIVE DATE: November 10, 1998.

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 poultry products inspection regulations contain general and 
specific requirements for the chilling of ready-to-cook poultry. The 
current regulations (at 9 CFR 381.66(b)(2)) require that poultry 
carcasses, and major portions of poultry carcasses, that is, ``parts of 
major size, either front or rear portions, wherein the major portion of 
the poultry carcass remains intact,'' be chilled to 40  deg.F. or lower 
within a specific time, depending on the weight of the bird. The 
regulations state that partial trimming and salvage of poultry 
carcasses often result in these major portions (9 CFR 
381.66(c)(2)(iv)). 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.
    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. Excessive 
moisture is a form of economic adulteration . It can occur if, for 
example, individual poultry parts, such as drumsticks, thighs, split 
breasts, or split halves (carcasses split longitudinally along the 
sternum into ``mirror image'' portions), are 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.'' Under 9 CFR 381.66(c)(2)(iv), these individual 
parts may be cooled only in the air, in ice, or under a spray of water 
with continuous draining. The regulation does, however, permit whole 
carcasses and major portions of carcasses to be cooled in continuous 
chillers, provided that the moisture absorption limits prescribed in 9 
CFR 381.66 are not exceeded.
    The issue in this rulemaking is whether 9 CFR 381.66 should permit 
the immersion chilling of split poultry portions that are created by 
procedures other than trimming or salvage.
    Establishments that have tested transversely-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, even though, 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 operations, or a procedure 
such as on-line carcass-splitting.
    Nonetheless, 9 CFR 381.66 was developed during the late 1960's and, 
on its face, it reflects the production and market conditions of that 
period, when poultry industry operations were oriented primarily toward 
the marketing of whole birds. At that time, the sale of poultry parts 
constituted a minor segment of the raw poultry market. Consequently, it 
does not make any provision for chilling of split carcasses produced by 
means other than trimming and salvage.
    FSIS tentatively determined that the regulatory provision for 
chilling major portions should be revised to specifically include 
transversely-split carcass portions, as described above, regardless of 
the operation used to create the portions. On June 6, 1997, FSIS 
proposed to amend the regulations to modify the definition of ``major 
portion'' to include transversely-split-carcasses and carcasses from 
which small pieces have been removed. The proposal was not intended, 
however, to affect the existing regulatory restrictions on the chilling 
of individual parts.

Comments on the Proposal

    FSIS received six letters commenting on the proposal. Two were from 
poultry processing companies, one was from a company that processes 
both meat and poultry, and three were from trade associations.
    One letter strongly objected to the proposal and suggested that it 
be ``set aside,'' at least until the completion of rulemaking 
addressing the larger regulatory issues concerning water absorption by 
poultry. The other five letters supported the proposal in general but 
suggested modifications to the proposal.
    A poultry processor, an association representing the turkey 
industry, and an association representing meat and poultry producers 
and processors suggested that the scope of the proposed rule be 
broadened to permit the continuous chilling of split halves and other 
poultry parts. They argued that such a change would give greater 
flexibility to, and encourage innovation by, the poultry industry; 
would have the same advantages for the inspection service and food 
safety as the proposal; and would be consistent with Agency policy to 
reduce command-and-control regulations. They also pointed out that 
regulations limiting retained moisture would continue to apply to 
continuously chilled parts. The meat and poultry association said there 
should be a single standard for incidental moisture, without regard to 
poultry portion or part.
    The two poultry processors and the turkey association also 
requested that the Agency consider amending the regulations to reduce 
the minimum amount of fresh water intake per bird in continuous 
immersion chillers. They argued that because major portions are smaller 
than whole birds, the required minimum gallons of fresh water per bird 
should be proportionally reduced. The turkey association also asserted 
that the current regulations permit the

[[Page 48959]]

adjustment of fresh water intake according to the proportion of the 
carcass chilled. Elsewhere in this issue of the Federal Register, FSIS 
is proposing new moisture-retention requirements for raw meat and 
poultry products and changes in the regulations on poultry chilling 
that include removing the required minimum amount of fresh water intake 
per bird.
    The letter objecting to the proposed rule was submitted by three 
associations representing, respectively, cattle producers and beef 
establishments, pork producers, and the sheep industry. These 
associations called the proposal ``inappropriate'' and asked that it be 
``set aside'' pending a rulemaking on retained water in poultry 
products. They presented four arguments for their position: (1) that 
the proposal would increase the percentage of poultry products subject 
to immersion chilling and to what the associations view as excess water 
absorption; (2) that the Agency did not provide data concerning the 
amount of water absorbed by transversely-split carcasses; (3) that the 
Agency is affording additional flexibility to poultry establishments 
while restricting beef processors using spray chill systems to zero-
percent carcass weight gain from water retention; and (4) that, before 
proceeding with a rulemaking on the chilling of split poultry portions, 
FSIS should amend the regulations on water retention by poultry 
products that were set aside July 23, 1997, by order of a Federal 
district court in Kenney v. Glickman. As mentioned, elsewhere in this 
issue of the Federal Register, FSIS is proposing new retained-water 
requirements for raw meat and poultry products.
    As noted in the preamble, the proposal clarifying the regulations 
regarding the chilling of transversely-split carcasses. (62 FR 31019). 
It was developed to address an issue concerning the interpretation of 
regulations governing the chilling of ``parts of major size'' or 
``major portions'' of poultry resulting from trimming or salvage. Some 
persons had interpreted the regulations as not permitting the 
continuous chilling of major portions that did not result from trimming 
or salvage operations (62 FR 31018). To correct that interpretation, 
FSIS proposed to amend the regulations to specify that the immersion 
chilling of major portions is permitted, regardless of whether the 
portions were the result of trimming, salvage, or other handling of 
carcasses. It proposed to define ``major portions'' to include 
transversely-split poultry carcasses.
    The suggestion that the regulations be further amended to permit 
the continuous chilling of split halves and other poultry parts may 
have merit and perhaps should be considered, but it is outside the 
scope of this rulemaking. FSIS was able to determine that methods used 
in continuously chilling transversely-split poultry portions yield 
product that complies with the water absorption and retention 
regulations. As indicated in the preamble to the proposal (62 FR 
31019), establishments using such methods under FSIS supervision 
achieved favorable results in keeping water absorption low. Because the 
Agency had observed the application of these processing methods to the 
chilling of transversely-split portions, and because the portions so 
processed were consistently in compliance with the regulations 
controlling retained moisture, the Agency believed there was a sound 
basis for proposed rule.
    In sum, the purpose of this rulemaking is to clarify the meaning 
and applicability of the existing regulations with respect to the 
chilling of major portions. The Agency has significant evidence to 
support this clarification. The commenters' request to permit the 
continuous chilling of all kinds of poultry parts is outside the scope 
of this rulemaking. While this issue may warrant consideration in a 
future rulemaking, it is not appropriately before the Agency in this 
proceeding.
    The Agency did not intend to address, in the rulemaking, the 
possiblity of changing the required minimum fresh water intake for 
continuous chillers. This issue is outside the scope of the rulemaking 
that the Agency instituted with the June 6, 1997, proposal.
    Regarding the comments by the three livestock associations opposing 
the proposed rule, FSIS responds as follows:
    (1) As noted above, the purpose of this rulemaking is to clarify 
the existing regulation, not to expand the percentage of product that 
would be able to absorb moisture during the chilling process. In fact, 
as noted in the third point of our response below, the proposed could 
result in less immersion-chilled product. The proposal was developed to 
address an issue concerning the interpretation of regulations governing 
the chilling of ``parts of major size'' or ``major portions'' of 
poultry resulting from trimming or salvage.
    (2) The Agency based the proposal on findings that continuously 
chilled transversely-split portions are in compliance with retained 
moisture requirements. As noted in the preamble to the proposal, 
results of in-plant trials of transversely-split carcasses processed 
under FSIS supervision showed that product was chilled rapidly to a 
safe temperature, and that water absorption was within the limits 
established by the Agency's regulations. The Agency had sufficient 
retained-moisture data from these trials to make an informed decision 
on the continuous chilling of transversely-split carcass portions. The 
data was available for viewing in the FSIS Docket Room during the 
public comment period.
    (3) It is true that the proposal concerned only a limited class of 
poultry products, and that efficiency gains would be realized only by 
poultry establishments. However, the limited scope of the proposal does 
not preclude future consideration of changes that would address a wider 
range of meat and poultry products. (As previously mentioned, a 
proposed rule on poultry chilling standards and retained moisture in 
raw meat and poultry products is being published elsewhere in this 
issue of the Federal Register.)
    The efficiency gains foreseen by the Agency would result primarily 
from the use of automation and large-scale processing techniques to 
make front and rear portions available for a variety of uses. For 
example, the use of the rear, dark-meat portions, for processing into 
such products as turkey salami and turkey ham, was discussed in the 
preamble (62 FR 31018). An efficiency gain sought with respect to these 
dark-meat portions would involve routing them past the immersion 
chilling step altogether (62 FR 31018). The front, or white-meat 
portions, on the other hand, would be permitted to enter the continuous 
chillers. Since the rear portions constitute 40% of carcass weight, 
potentially 40% less turkey would be chilled.
    (4) While the U.S. District Court's order in Kenney v. Glickman set 
aside the moisture retention limits for all classes of poultry to be 
marketed as whole birds (9 CFR 381.66(d)(2)), the requirement to 
minimize moisture absorption and retention at the time of packaging (9 
CFR 381.66(d)(1)) was left in place, as were the moisture absorption 
and retention limits for poultry intended to be cut up and for ice-
packed poultry (9 CFR 381.66(d)(3)-(5)). Thus, the moisture retention 
limits that would apply to transversely-split poultry portions were 
left in place by the Court's order. Split poultry portions are intended 
to be routed to cut-up or further processing operations and obviously 
cannot be marketed as whole birds.

[[Page 48960]]

The Final Rule

    This final rule concerns the application of existing moisture 
retention standards to transversely-split carcass portions, rather than 
the standards, themselves. Elsewhere in this issue of the Federal 
Register, FSIS is publishing a proposal that addresses the limits on 
moisture absorption and retention in raw meat and poultry carcasses and 
parts.
    This final rule is limited to clarifying the regulations to 
accommodate the processing of transversely-split poultry carcasses. The 
rule amends 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), which includes transversely-split carcasses. FSIS 
is amending Sec. 381.66(b)(2) to refer to the new Sec. 381.170(b)(22) 
rather than to Sec. 381.66(c)(2)(iv).
    The final rule also amends Sec. 381.66(c)(2)(iv) by removing the 
word ``carcasses'' from the term ``split carcasses'' and replacing it 
with ``halves.'' As mentioned previously, ``split halves'' is a term 
widely used in the poultry industry to denote the left and right halves 
of a poultry carcass divided lengthwise. (i.e., carcasses split 
longitudinally along the sternum into ``mirror image'' portions). The 
amended paragraph continues to prohibit the continuous chilling of 
split halves.
    FSIS will continue to require establishments creating transversely-
split carcass to meet the same moisture absorption and retention limits 
as for whole carcasses. These limits are set forth in 9 CFR 
Sec. 381.66(d)(3), Table 3, and Sec. 381.66(d)(4)(ii).
    Finally, a new paragraph Sec. 381.170(b)(22) defines ``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) refers to this new definition.

Executive Order 12866

    This final 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 final 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 final 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 
rule. However, the administrative procedures specified in 9 CFR 
Sec. 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 determined that this 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). 
This final rule will not impose any additional requirements on poultry 
processors. Compliance with this final 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 amending 9 CFR 
part 381, as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    1. The authority citation for part 381 continues 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 removing the first and second sentences of 
paragraph (c)(2)(iv) and adding in their place one sentence; 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 following specified times: * * *
* * * * *
    (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 September 3, 1998.
Thomas J. Billy,
Administrator.
[FR Doc. 98-24308 Filed 9-8-98; 12:22 pm]
BILLING CODE 3410-DM-P