[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Pages 79552-79556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32806]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. LS-02-02]


United States Standards for Livestock and Meat Marketing Claims

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: These proposed minimum requirements for livestock and meat 
industry production/marketing claims, when adopted, will become the 
United States Standards for Livestock and Meat Marketing Claims. Some 
segments of the livestock and meat industries make claims to 
distinguish their products

[[Page 79553]]

from competing products and may request third-party verification by 
USDA to increase the credibility of their claims. Verification of such 
claims may be accomplished through examination of the product or 
through documentation and auditing of the production process. 
Specifically, USDA is proposing to establish minimum requirements for 
common production/marketing claims that may be used in voluntary USDA 
Certified or USDA Verified programs for the livestock and meat 
industries.

DATES: Comments must be received on or before March 31, 2003.

ADDRESSES: Written comments, suggestions for additional marketing claim 
standards, and other input may be submitted to Chief, Standardization 
Branch, Livestock and Seed Program, AMS, USDA, Room 2603-S, Stop 0254, 
1400 Independence Avenue, SW., Washington, DC 20250-0254. Comments may 
also be sent by fax to (202) 720-1112, by electronic mail to: 
[email protected] or filed via an on-line form through the AMS, 
Livestock and Seed Program, Standardization Branch Web site at: http://www.ams.usda.gov/lsg/stand/claimcomment.htm. Comments should refer to 
Docket No. LS-02-02. All comments received will be made available for 
public inspection at the above address during regular business hours (8 
a.m.-4:30 p.m.) and will be posted on the Internet at: http://www.ams.usda.gov/lsg/stand/claim.htm. Copies of these proposed United 
States Standards for Livestock and Meat Marketing Claims are available 
through the above addresses or by accessing the Web site at: http://www.ams.usda.gov/lsg/stand/st-pubs.htm.

FOR FURTHER INFORMATION CONTACT: Chief, Standardization Branch, on 202-
720-4486 or Cara L. Gerken, Marketing Specialist on 405-433-5637.

SUPPLEMENTARY INFORMATION: Section 203 (c) of the Agricultural 
Marketing Act of 1946, as amended, directs and authorizes the Secretary 
of Agriculture ``To develop and improve standards of quality, 
condition, quantity, grade, and packaging, and recommend and 
demonstrate such standards in order to encourage uniformity and 
consistency in commercial practices.'' USDA is committed to carrying 
out this authority in a manner that facilitates the marketing of 
agricultural commodities. One way of achieving this objective is 
through the development and maintenance of voluntary standards by AMS.
    Participants wishing to become USDA Verified for marketing claims 
based on these standards must provide the documentation and records 
necessary to verify the accuracy of the claims. Since the USDA Verified 
programs are specific to each participant, a standardized format for 
the documents and records will not be established.
    AMS is proposing the adoption of new United States Standards for 
Livestock and Meat Marketing Claims, in accordance with procedures 
published in the August 13, 1997, Federal Register and that are 
contained in Part 36 of Title 7 of the Code of Federal Regulations (7 
CFR Part 36).

Paperwork Reduction Act

    This notice codifies industry consensus standards which have been 
used in ``USDA Process Verified'' programs under the Quality Systems 
Certification Program (QSCP). The QSCP is included in the current 
services of the Meat Grading and Certification Branch in 7 CFR Part 
54.4 (63 FR 72102, Dec. 31, 1998). The information collection reporting 
requirements for those services were approved under Office of 
Management and Budget (OMB) Control No. 0581-0124, dated June 2, 2000.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the recordkeeping requirements and burden for the 
Livestock and Meat Marketing Claims Standards will be detailed in 
another anticipated rulemaking that will establish a new part in the 
Code of Federal Regulations for a Quality System Verification Program 
under the LS Program's Audit, Review, and Compliance Branch. AMS 
intends to have these recordkeeping burden requirements become a part 
of OMB Control No. 0581-0183. The Livestock and Meat Marketing Claims 
Standards recordkeeping burden will be incorporated when a request for 
a revision to and extension of OMB Control No. 0581-0183 is submitted 
to the Office of Management and Budget.

Background

    Since the late 1970's, some livestock and meat industry companies 
and individual producers have sought USDA services to increase the 
value of their products (live animals or meat products) by 
distinguishing them from competing commodity products. Advertising and 
promotions, which often highlight production and marketing practices, 
are examples of the methods companies and individuals have utilized to 
``set their products apart.''
    Since 1978 the Livestock and Seed (LS) Program has provided 
certification for a number of claims related to product traits of beef, 
pork, and lamb carcasses, with or without accompanying claims for 
breed. Validity was added to the claims because the product was ``USDA 
Certified''. Since 1996 the LS Program has offered a verification 
service to verify claims that cannot be ascertained by direct 
examination of the product. This verification program allows 
participants to declare ``USDA Verified'' for one or more system 
attributes such as feeding practices, or other pre- and post-harvest 
processes. Participants must have a documented quality management 
program covering all aspects of their system and must submit to 
periodic audits by AMS.
    As multiple organizations began to seek USDA verification of the 
same or similar production practices, the LS Program determined it 
would be beneficial to establish minimum standards for common 
production/marketing claims. Certification service requests, along with 
information obtained during the administration of USDA Verified 
programs, led the LS Program to develop these proposed United States 
Standards for Livestock and Meat Marketing Claims. Standardization of 
these marketing and production claims will permit marketers and 
purchasers of these products to make informed decisions by using common 
trade language.
    Many product labels that include these marketing claims must be 
submitted to the Food Safety and Inspection Service (FSIS), Labeling 
and Consumer Protection Staff (LCPS), for evaluation prior to use. LCPS 
is USDA's policy authority on domestic and imported meat, poultry, and 
egg product labeling, standards, and ingredients. Therefore, the LS 
Program and LCPS have cooperatively developed these marketing claim 
standards. Participants whose products or processes do not meet these 
minimum requirements will not be recognized as USDA Certified or USDA 
Verified by AMS, and LCPS will not approve labels citing certification 
of such claims. In addition, LCPS will refer to these standards as 
guidelines for approval of labels making such marketing claims.
    The proposed marketing claim standards may be used in conjunction 
with existing regulations or voluntary USDA grade standards in USDA 
Certified and USDA Verified programs. Minimum breed claim criteria 
shall be established by national breed associations. Since National 
Pedigreed Livestock Council (NPLC) is the only

[[Page 79554]]

multi-species organization for livestock breed associations, AMS will 
refer to NPLC members as the designated national breed association. 
Breed associations that are not members of NPLC may petition AMS for 
the purpose of establishing a national breed claim program. If a 
national breed association does not have minimum breed claim criteria, 
breed claims must be traceable to a parent registered with the national 
breed association.
    Based on LS Program experience with USDA Certified and USDA 
Verified programs, research into standard practices and procedures, and 
requests from the livestock and meat industries, AMS identified the 
need to establish minimum standards for marketing and production 
claims. In addition to relying on their own expertise, LS Program 
marketing specialists obtained input from a number of individual 
experts in government, industry, and academia while drafting these 
proposed standards and their corresponding thresholds.
    AMS is seeking public comment on the following proposed United 
States Standards for Livestock and Meat Marketing Claims. New 
participants in USDA Certified or USDA Verified programs will be 
required to adhere to the United States Standards for Livestock and 
Meat Marketing Claims immediately. A current participant in USDA 
Certified or USDA Verified programs, whose system does not comply with 
these standards, will have 60 days from the final publication of these 
standards to bring their system into compliance. If a participant fails 
to bring their system into compliance, AMS will withdraw its USDA 
Certified or USDA Verified approval and notify LCPS that the basis for 
their label approval is no longer valid. USDA Certified or USDA 
Verified program participants who are notified their programs will be 
withdrawn may submit a written appeal, within 30 days of program 
withdrawal notification, to the Deputy Administrator, Livestock and 
Seed Program, AMS. The Deputy Administrator will respond promptly with 
a written decision which will be final. Unless otherwise noted, these 
standards apply to cattle, sheep, swine, their carcasses, and meat 
products.

United States Standards for Livestock and Meat Marketing Claims

Claims Relating to Live Animal Production

    Antibiotic Claims--Background: To reduce the risk of antibiotic 
residues, the Food and Drug Administration (FDA) requires withdrawal of 
antibiotics from animals for a specified period prior to harvest. 
Existing antibiotic-residue testing technology can detect residues that 
exceed the FDA's minimum thresholds. These tests do not have the 
sensitivity to verify ``antibiotic-free'' or that no antibiotics were 
ever administered. After an antibiotic is administered for treatment, 
the body slowly depletes the traceable residue. ``Antibiotic-free'' 
marketing claims are not allowed by LCPS; however, LCPS will allow ``no 
detectable antibiotic residue'' claims if the product is tested and the 
science-based test protocol is provided to LCPS. Since some consumers 
prefer meat products from animals that have not been fed and/or treated 
with antibiotics and some producers are willing to provide additional 
assurances of compliance with regulatory requirements, other limited 
product claims regarding antibiotic treatments are allowed by LCPS. 
When such antibiotic claims are made, they must be supported by feed 
formulations, pharmaceutical invoices, or other appropriate 
documentation, that verifies animals have not received antibiotics in 
feed or water and whether they have been treated for illness. 
Procedures for handling sick animals must be documented.
    Claim and Standard:
    [sbull] No antibiotics used, or Raised without antibiotics. --
Livestock have never received antibiotics from birth to harvest.
    [sbull] No subtherapeutic antibiotics added, or Not fed 
antibiotics. `` Livestock are not fed subtherapeutic levels of 
antibiotics. They may receive treatment for illness provided the 
approved FDA withdrawal period is observed.
    [sbull] No detectable antibiotic residue (analyzed by ``method 
x'').--LCPS requires additional information on the label that clearly 
informs the consumer/purchaser that the animal may have been treated 
with antibiotics. Livestock may receive antibiotics during the 
production phase, provided:
    (1) All antibiotics are withdrawn at least 30 days beyond the 
minimum FDA withdrawal requirement (e.g., if the FDA minimum withdrawal 
period is 10 days, the minimum withdrawal period for the United States 
Standard for Livestock and Meat Marketing Claims would be at least 40 
days); and,
    (2) Livestock and meat products contain no detectible antibiotic 
residue as verified by statistical sampling analysis using a science-
based testing protocol. The specific test protocol and sensitivity of 
that method must be disclosed (``method x'').
    Breed Claims.--Claims for breed of livestock must meet criteria 
established by an AMS-recognized U.S. breed association for the 
referenced breed. If the breed association does not establish criteria 
for this claim, animals must be traceable to a parent registered with a 
breed association.
    Free Range Claims--Background: These claims relate to the practice 
of allowing livestock to have continuous and unconfined access to 
pasture throughout their life cycle. Producers must verify how 
livestock are cared for during normal and inclement weather conditions, 
birthing, or other conditions that would merit special protection. 
Since some consumers prefer products from animals that have been raised 
using these production practices, producers may seek to improve their 
returns by appealing to such market niches.
    Claim and Standard:
    [sbull] Free Range, Free Roaming, or Pasture Raised. `` Livestock 
that have had continuous and unconfined access to pasture throughout 
their life cycle, including:
    Cattle *--Shall never be confined to a feedlot.
    Sheep *--Shall never be confined to a feedlot.
    Swine *--Shall have continuous access to pasture for at least 80% 
of their production cycle.
    * FSIS requires product labels from red meat species with these 
claims also include the following further qualifying statement: ``Free 
Range--Never Confined to Feedlot.''
    Geographic Location Claims--Background: Producers, processors, and 
retail/foodservice operators may want to differentiate their products 
by identifying the geographic region where the product was produced. 
References to individual States, countries, or specific or general 
geographic areas (e.g., Dakotas, Western) will constitute geographic 
location claims.
    Claim and Standard:
    [sbull] Location of Raising (e.g., ``Mid-Western Raised Lamb'' or 
``Raised in Montana'').--The livestock are raised/grown in the 
specified geographic location from birth to harvest.
    [sbull] Location of Finishing (e.g., ``Rocky Mountain Fed Lamb'' or 
``Nebraska Fed Beef'').--The livestock are fed/finished in the 
specified geographic location for at least the last 100 days prior to 
harvest.
    Grain Fed Claims--Background: Livestock are finished on high 
concentrate rations (grain feeding) to enhance meat palatability. A 
high concentrate grain ration is any cereal plant product that meets or 
exceeds 60

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Mega calories (Mcal) Net Energy for gain (NEg) per 100 pounds of ration 
dry matter (1996 NRC for cattle, 1998 NRC for swine).
    Claim and Standard:
    [sbull] Grain Fed (e.g., Corn Fed, if corn is the primary 
ingredient).--
    Cattle--
    (1) Average grain consumption must equal 50% or more of the ration;
    (2) NEg must average at least 60 Mcal per 100 pounds of ration dry 
matter;
    (3) Dry Matter Intake (DMI) during the finishing phase must be at 
least equal to: ((Cattle shrunk weight at the beginning of the 
finishing phase x 0.014) + 10 pounds). DMI tolerance cannot be less 
than 10% of this formula; and,
    (4) Minimum number of days on feed is 100 days for slaughter steers 
and heifers and 30 days for cows.
    Lambs--
    (1) Average grain consumption must equal 50% or more of the ration; 
and,
    (2) Minimum number of days on feed for slaughter lambs is 50 days.
    Swine--
    (1) Average grain consumption must equal: (a) 45% or more of the 
nursery phase (pig weight: 15-65 pounds) ration; and, (b) 65% or more 
of the finishing phase (pig weight: 65-300 pounds) ration.
    (2) Minimum number of days on feed for slaughter hogs is 60 days.
    Grass Fed Claims--Background: This claim refers to the feeding 
regimen for livestock raised on grass, green or range pasture, or 
forage throughout their life cycle, with only limited supplemental 
grain feeding allowed. Since it is necessary to assure the animal's 
well being at all times, limited supplementation is allowed during 
adverse environmental conditions. Grass feeding usually results in 
products containing lower levels of external and internal fat 
(including marbling) than grain-fed livestock products.
    Claim and Standard:
    [sbull] Grass Fed.--Grass, green or range pasture, or forage shall 
be 80% or more of the primary energy source throughout the animal's 
life cycle.
    Hormone Claims--Background: Hormones * are synthetic or naturally 
occurring compounds which have been shown to improve gain and feed 
efficiency, stimulate growth, and/or control reproductive activity. 
Since all plants and animals produce hormones, a ``hormone-free'' plant 
or meat product is a misnomer and a ``hormone-free'' marketing claim 
cannot be made. However, since some consumers prefer meat products from 
animals that have not received supplemental hormones and some markets 
restrict the sale of hormone-treated products, the following claims and 
standards will be recognized.
    Claim and Standard:
    [sbull] No supplemental hormones * used, Raised without 
supplemental hormones*, or No added hormones*.--The livestock have 
never received supplemental hormones from birth to harvest.
    [sbull] No hormones* administered during finishing.--The livestock 
have not received supplemental hormones during the feeding/finishing 
period.
    * The terms ``hormone,'' ``growth promotant,'' ``growth 
stimulant,'' and ``implant'' are used interchangeably.
    Livestock Identification Claims--Background: Livestock 
identification is used to establish ownership, ancestry, pedigree, or 
age; to trace origin of livestock; or to manage herd health, artificial 
insemination, and performance testing programs. Livestock 
identification from birth or a stated point of production through 
retail product outlets may also address consumer requests for more 
information about the characteristics of products they buy and increase 
returns to producers.
    Claim and Standard:
    [sbull] Source Verified.--Must include the following:
    (1) Method of livestock identification;
    (2) Location(s) where livestock are born, raised, fed, harvested, 
and processed; and,
    (3) Identification of the producer(s).
    [sbull] Individual Animal Identification.--Must fulfill the Source 
Verified requirements and also have unique, individual animal 
identification. The American Information Number (AIN) system or other 
numbering scheme that provides for unique identification of animals and 
verification of program claims may be used.
    Preconditioning Claims--Background: Preconditioning of animals by 
livestock producers can yield advantages in the livestock raising 
process by reducing animal stress, mortality rates, shrinkage, and the 
transition time required to start animals on feed.
    Claim and Standard:
    [sbull] Preconditioned for ``x'' days (where ``x'' is the number of 
days prior to sale/shipping).--Animals for which a preconditioning 
claim is made must receive the following treatments (as appropriate) at 
least 45 days prior to their sale/shipment:
    (1) Dehorning (when applicable);
    (2) Castration (if male);
    (3) Vaccinations;
    (4) Treatment for control of parasites;
    (5) Weaning; and,
    (6) Training to eat and drink from feed and water bunks.
    Vitamin E Claims--Background: Inclusion of Vitamin E in feed 
rations, in the form of alpha-tocopheryl acetate, has been shown to 
improve product color and case life. Promotion of Vitamin E use is 
limited to livestock producers, packers, and wholesalers. Retail-
marketing claims, such as ``Vitamin E fed'' or ``Vitamin E enhanced,'' 
are not allowed by FSIS because consumers do not receive a supplemental 
level of Vitamin E by consuming Vitamin E-fed beef. Animal 
identification, reviewing feed rations and records, and testing feed 
samples and muscle tissue samples may be verification elements to 
support this claim.
    Claim and Standard:
    [sbull] Cattle have been fed supplemental levels of Vitamin E. 
(Promotion of Vitamin E use is limited to livestock producers, packers, 
and wholesalers.)--(1) Minimum of 50,000 International Units (IU)/head 
during feeding period (IU tolerance = +/-15%); (2) Minimum feeding 
period of 30 days; and, (3) Minimum carcass alpha-tocopheryl acetate 
concentration from the neck muscle (rectus capiti dorsalis major) not 
less than 3.2 micrograms ([mu]g) alpha-tocopheryl acetate/gram (g) of 
tissue. (Alpha-tocopheryl acetate concentration tolerance = +/-15%).

Claims Relating to Product (Meat) Characteristics

    Aged Meat Claims--Background: Aging is the process by which meat 
(carcasses or cuts) is held at a controlled temperature for a specified 
period, beginning at the time of harvest, to allow enzymatic activity 
to degrade complex proteins and promote the development of flavor and 
tenderness. When product is ``dry aged'' humidity control is also a 
critical element of the aging process.
    Claim and Standard:
    [sbull] Aged Meat Products.--Type of aging and length of postmortem 
aging (in days) must be specified. The actual number of days aged and 
type of aging (dry or wet) may also appear on the retail label.
    Beef.--Must be wet aged for a minimum of 21 days or dry aged for a 
minimum of 35 days.
    Electrical Stimulation Claims--Background: Electrical stimulation 
improves muscle tenderness by minimizing cold shortening, increasing 
enzyme activation at higher carcass temperatures (thereby accelerating 
the aging process), and by physical disruption of muscle fibers through 
extreme muscle contractions. It further results in an accelerated rate 
of

[[Page 79556]]

postmortem pH decline as well as an accelerated onset of rigor mortis.
    Claim and Standard:
    [sbull] Electrically Stimulated Beef.--The electrical stimulation 
applied to the carcass must meet the following minimum requirements:
    (1) The cross product of voltage and amperage (voltage multiplied 
by amperage) must be = 500; and,
    (2) Consist of at least three cycles with a minimum pulse of 
= 1.5 seconds ``on'' and = 1.0 second ``off.''
    Tenderness Claims--Background: Although individual perceptions 
vary, for most consumers increased tenderness and juiciness, as well as 
flavor intensity, contribute to an increase in overall palatability. Of 
all the palatability attributes, tenderness is the most critical to 
consumers. Results of objective measurements (e.g., mechanical 
measures, such as Warner-Bratzler Shear [WBS] or Instron tests) or 
subjective evaluations (e.g., taste panel scores) can be used to 
develop quantitative ranking systems which provide a relative level or 
degree of tenderness. Factors such as degree of doneness, physical size 
of a sample, and orientation of muscle fibers (among others) can 
dramatically affect the results of tenderness evaluations. Therefore, 
specific details of evaluation techniques and conditions used to 
establish tenderness claims must be fully documented.
    Claim and Standard:
    [sbull] ``Company X's'' Tender ``Species.''--A tenderness 
management system must include at least 3 of the following controlled 
elements and must be statistically verified (P <= 0.05) to meet an 
objective tenderness evaluation of a WBS score <= 4.0 kg, using a \1/2\ 
inch (1.27 cm) core, when cooked to 160[deg]F (71[deg]C).* The 
objective tenderness evaluation must be revalidated on an annual basis.
    Controlled Elements: (1) Genetics; (2) Age of livestock; (3) 
Feeding management; (4) Electrical stimulation; (5) Aging; (6) 
Ingredients added to enhance tenderness; (7) Instrument assessment 
(e.g., validated carcass sorting system, pH values, etc.); or, (8) 
Mechanical (e.g., blade tenderization, etc.).
    * Protocol shall be as established in the 1995 edition of the 
American Meat Science Association's Research Guidelines for Cookery, 
Sensory Evaluation, and Instrumental Tenderness Measurements of Fresh 
Meat. (Available from the National Cattlemen's Beef Association, 
Centennial, CO.)

    Dated: December 20, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-32806 Filed 12-27-02; 8:45 am]
BILLING CODE 3410-02-P