[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Rules and Regulations]
[Pages 19713-19714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9495]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 74 / Tuesday, April 17, 2001 / Rules 
and Regulations  

[[Page 19713]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 381 and 441

[Docket No. 97-054FC]

RIN: 0583-AC26


Retained Water in Raw Meat and Poultry Products; Poultry Chilling 
Requirements

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule; correction.

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

SUMMARY: The Food Safety and Inspection Service is correcting errors in 
a final rule, published in the Federal Register of January 9, 2001, 
limiting the amount of retained water in raw meat and poultry products 
and amending the poultry chilling requirements. The Agency made 
inadvertent paragraph designation and other errors in the amended 
regulatory text and in corresponding preamble references to the 
regulatory amendments. One such error affected the regulation 
preventing poultry with fecal contamination from entering the chiller. 
The Agency is also adding a cross-reference to a provision on the 
sources of ice and water used for chilling to ensure that the 
regulations on this subject are read consistently.

EFFECTIVE DATE: January 9, 2002.

FOR FURTHER INFORMATION CONTACT: Patricia F. Stolfa, Assistant Deputy 
Administrator, Office of Policy, Program Development and Evaluation, 
Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington DC 20250-3700; (202)205-0699.

SUPPLEMENTARY INFORMATION: The January 9, 2001, final rule amends the 
FSIS regulations by limiting the amount of retained water in raw, 
single-ingredient, meat and poultry products to the amount that is 
unavoidable in achieving a food-safety purpose. The final rule requires 
that affected products bear labeling that shows the amount of such 
retained water. It also makes a number of technical changes in the 
poultry chilling regulations that are intended to improve consistency 
with the Pathogen Reduction/Hazard Analysis and Critical Control Point 
regulations, eliminate ``command-and-control'' features, and reflect 
current technological capabilities.
    In making changes in the poultry definitions and in the general 
requirements for operations and procedures in poultry establishments (9 
CFR 381.1(b), 381.65 and 381.66), FSIS inadvertently made some 
paragraph designation and other errors in the amended regulatory text. 
In the preamble, the Agency also made corresponding errors and 
incorrect references to the amended regulatory text. FSIS is now 
correcting these errors.
    In the display of regulatory text, FSIS is correcting the 
designation for the definition of ``ready-to-cook'' poultry in 
Sec. 381.1(b). The definition should not have been designated as 
paragraph (b)(44) because paragraph designations for individual 
definitions have been removed (64 FR 745; January 6, 1999). FSIS is 
making corresponding corrections to the preamble references to the 
revised text.
    In the preamble, FSIS incorrectly described a change that was made 
in the poultry chilling requirements (9 CFR 381.66(c)(2)(i)). FSIS is 
therefore correcting the preamble text explaining the Sec. 381.65 and 
Sec. 381.66 revisions.
    FSIS also is correcting the designation of the text of revised 
Sec. 381.65(e), as it appears in the January 9 final rule, to paragraph 
(f) and leaving undisturbed the text of Sec. 381.65(e) as it appears in 
the Code of Federal Regulations. This paragraph, the requirement to 
prevent poultry carcasses contaminated with fecal material from 
entering the chilling tank in a poultry establishment, was not a 
subject of the rulemaking on retained water.
    Finally, FSIS is adding to Sec. 381.66(c)(1), on the use of ice and 
water from potable sources, a cross-reference to the sanitation 
regulations governing water use and reuse requirements for official 
establishments (Sec. 416.2(g)). This change is being made to ensure 
that the two sections of the regulations are read in a consistent 
manner.

Additional Public Notification

    Public awareness of all stages of rulemaking and policy development 
is important. Consequently, in an effort to better ensure that 
minorities, women, and persons with disabilities are aware of this 
final rule, FSIS will announce it and provide copies of this Federal 
Register publication of this final rule correction in the weekly FSIS 
Constituent Update. The FSIS Constituent Update is communicated via fax 
to over 300 organizations and individuals. In addition, the update is 
available on line through the FSIS web page located at ``http://www.fsis.usda.gov.'' The update is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, recalls, and any other types of 
information that could affect or would be of interest to the Agency's 
constituents/stakeholders. The constituent fax list consists of 
industry, trade, and farm groups, consumer interest groups, allied 
health professionals, scientific professionals, and other individuals 
who have requested to be included. Through these various channels, FSIS 
is able to provide information to a much broader, more diverse 
audience. For more information and to be added to the constituent fax 
list, readers of this document may fax their requests to the 
Congressional and Public Affairs Office, at (202) 720-5704.

Correction of Publication

    Accordingly, the final rule published on January 9, 2001 (66 FR 
1750) is corrected as follows:
    1. On page 1762, in the first column, the term 
``Sec. 381.1(b)(44)'' in the parentheses in the third sentence of the 
first ``Response'' is corrected to read ``Sec. 381.1(b).''

    2. On page 1764, in the first column, in the second to last 
sentence in the first paragraph, the term ``9 CFR 381.1(b)(44)'' is 
corrected to read ``9 CFR 381.1(b).''
    3. On page 1764, in the second column, in the fourth line of the 
first complete paragraph, the term ``paragraph (e)'' is corrected to 
read ``paragraph (f).''

[[Page 19714]]


    4. On page 1764, in the second column, the last complete sentence 
in the column is corrected to read, ``New paragraph (c)(1) requires 
that potable water be used for ice, except that water and ice used for 
chilling may be reused in accordance with Sec. 416.2(g), and new 
paragraph (c)(2)(i) requires that chilling equipment be operated in a 
manner consistent with applicable pathogen reduction performance 
standards and the establishment's HACCP plan.''


Sec. 381.1  [Corrected]

    5. On page 1770, in the third column, in Sec. 381.1, paragraph (b) 
is corrected by removing the paragraph designation ``(44)'' from the 
definition for ready-to-cook poultry.


Sec. 381.65  [Corrected]

    6. On page 1771, in the first column, in Sec. 381.65, paragraph (e) 
is corrected and paragraph (f) is added, to read as follows:
* * * * *
    (e) Poultry carcasses contaminated with visible fecal material 
shall be prevented from entering the chilling tank.
    (f) Detached ova may be collected for human food and handled only 
in accordance with 9 CFR 590.44 and may leave the establishment only to 
be moved to an official egg product processing plant for processing. 
Ova from condemned carcasses must be condemned and treated as required 
in Sec. 381.95.


Sec. 381.66  [Corrected]

    7. On page 1771, in the second column, in Sec. 381.66, the first 
sentence in paragraph (c)(1) is corrected to read as follows:
* * * * *
    (c) * * *
    (1) Only ice produced from potable water may be used for ice and 
water chilling, except that water and ice used for chilling may be 
reused in accordance with Sec. 416.2(g). * * *

    Done at Washington, DC: April 12, 2001.
Thomas J. Billy,
Administrator.
[FR Doc. 01-9495 Filed 4-16-01; 8:45 am]
BILLING CODE 3410-DM-P