[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11413-11414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6124]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317, 319, and 381

[Docket No.01-016N]


Use of Transglutaminase Enzyme and Pork Collagen as Binders in 
Certain Meat and Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Affirmation of effective date for direct final rule.

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SUMMARY: On October 31, 2001, the Food Safety and Inspection Service 
(FSIS) published a direct final rule ``Use of Transglutaminase Enzyme 
and Pork Collagen as Binders in Certain Meat and Poultry Products'' in 
the Federal Register. This direct final rule notified the public of 
FSIS's intention to amend the Federal meat and poultry products 
inspection regulations to permit the use of one or both of these 
substances, in limited amounts, as binders in certain standardized meat 
and poultry products. This direct final rule also announced the 
Agency's intention to prescribe labeling requirements when 
tranglutaminase enzyme (TG enzyme) is used to fabricate or reform cuts 
of meat or poultry. FSIS received one comment in response to the direct 
final rule. However, the comment was not an adverse comment or notice 
of intent to submit an adverse comment. Therefore, FSIS is affirming 
the December 31, 2001, effective date for this direct final rule.

EFFECTIVE DATE: December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director, 
Labeling and Consumer Protection Staff, Office of Policy, Program 
Development and Evaluation, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Washington, DC 20250-3700; (202) 205-0279

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2001, FSIS published a direct final rule ``Use of 
Transglutaminase Enzyme and Pork Collagen as Binders in Certain Meat 
and Poultry Products'' (66 FR 54912). This direct final amended the 
Federal meat inspection regulations to permit the use of pork collagen 
and TG enzyme, in limited amounts, as binders in certain standardized 
meat food products and amended the poultry products inspection 
regulations to permit the use of TG enzyme, in limited amounts, in 
certain standardized poultry products. This direct final rule also 
amended the meat and poultry products inspection regulations to require 
that, when TG enzyme is used to fabricate or reform cuts of meat or 
poultry, the resulting product bear labeling to indicate that it has 
been formed from pieces of whole muscle meat, or that it has been 
reformed from a single cut. This direct final was in response to 
petitions submitted to the Agency by Ajinomoto, U.S.A., Inc. and AMPC, 
Corp.
    On December 3, 2001, FSIS received a comment from Hogan & Hartson, 
L.L.P. on behalf of Ajinomoto USA, Inc., in response to the rulemaking. 
The commenter, also one of the petitioners, requested that FSIS provide 
clarification on the scope of the direct final rule. Specifically, 
Ajinomoto requested that FSIS clarify that the Agency intended to allow 
the use of TG enzyme in cured pork products under 9 CFR 319.104 when it 
published the direct final rule. The commenter noted that in its 
petition it had specifically requested that the standard of identity 
for cured pork products under 9 CFR 319.104 be amended to provide for 
the use of TG enzyme as a binder and provided data in support of this 
request. The commenter also expressed full support for the rule and 
stated that the comment was not intended to be an adverse comment but 
rather a clarification on the scope of the final rule.
    When it began development of the direct final rule, FSIS had 
determined that, based on the data submitted by Ajinomoto, TG enzyme 
was suitable for use as a binder in sausages as provided under part 319 
of title 9. While the rule was under development, Ajinomoto submitted 
additional data to support the use of TG enzyme in other standardized 
products, including cured pork products under 9 CFR 319.140. Upon 
review of the additional data, FSIS determined that, in addition to 
sausages as provided under part 319, TG enzyme was suitable for use in 
restructured meats (9 CFR 319.15(d)), roast beef parboiled and steam 
roasted (9 CFR 319.104) cooked sausages (9 CFR 319.180) and poultry 
rolls (9 CFR 381.159), and incorporated these findings into the direct 
final rule. However, when it incorporated these products in the direct 
final rule, the Agency was still reviewing the data submitted on the 
use of TG enzyme in cured pork products defined under 9 CFR 319.104. 
Thus, the direct final rule does not provide for the use of TG enzyme 
in these products. FSIS ultimately determined that TG enzyme is 
suitable for use as a binder in cured pork products under 9 CFR 
319.104. In response to the commenter's request to clarify the scope of 
the direct final rule,

[[Page 11414]]

the rule, as published, is not intended to provide for the use of TG 
enzyme in cured pork products under 9 CFR 319.104. However, because 
FSIS ultimately found that TG enzyme is suitable for use as a binder in 
these standardized products, the Agency intends to publish another 
direct final rule to permit such a use.
    Because FSIS did not receive any adverse comments or notice of 
intent to submit adverse comments in response to the direct final rule, 
the effective date remains as December 31, 2001.

Additional Public Notification

    Public awareness of all segments 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 
notice, FSIS will announce the meeting and provide copies of this 
Federal Register publication in the FSIS Constituent Update. FSIS 
provides a weekly FSIS Constituent Update, which 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 our constituents/stakeholders. The 
constituent fax list consists of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals that 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, fax your 
request to the Congressional and Public Affairs Office, at (202) 720-
5704.

    Done at Washington, DC, on: March 11, 2002.
Margaret O'K Glavin,
Acting Administrator.
[FR Doc. 02-6124 Filed 3-13-02; 8:45 am]
BILLING CODE 3410-DM-P