[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69146-69147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28796]



Food Safety and Inspection Service

9 CFR Parts 319 and 381

[Docket No. FSIS-2010-0012]
RIN 0583-AD41

Common or Usual Name for Raw Meat and Poultry Products Containing 
Added Solutions--Reopening of Comment Period

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule; reopening of comment period.


SUMMARY: The Food Safety and Inspection Service (FSIS) is reopening for 
60 days the comment period for the proposed rule, ``Common or Usual 
Name for Raw Meat and Poultry Products Containing Added Solutions.'' It 
is also providing information concerning data used to develop the 
proposed rule and providing examples of labels about which FSIS has 

DATES: The comment period for the proposed rule published July 27, 
2011, at 76 FR 44855, is reopened. Submit comments by January 9, 2012.

ADDRESSES: FSIS invites interested persons to submit relevant comments 
on the implementation of this proposed rule. Comments may be submitted 
by either of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the online instructions at that site for 
submitting comments.
     Mail, including floppy disks or CD-ROMs, and hand- or 
courier-delivered items: Send to U.S. Department of Agriculture (USDA), 
FSIS, Docket Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., 
Room 8-163A, Mailstop 3782, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2010-0012. Comments 
received in response to this docket will be made available for public 
inspection and

[[Page 69147]]

posted without change, including any personal information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at the address listed above between 8:30 a.m. 
and 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalyn Murphy-Jenkins, Director, 
Labeling and Program Delivery Division, Office of Policy and Program 
Development, FSIS, USDA, (301) 504-0879.

SUPPLEMENTARY INFORMATION: On July 27, 2011, FSIS published the 
proposed rule ``Common or Usual Name for Raw Meat and Poultry Products 
Containing Added Solutions'' (76 FR 44855) to amend its regulations to 
establish a common or usual name for raw meat and poultry products that 
do not meet standard of identity regulations and to which solutions 
have been added. The Agency proposed that the common or usual name for 
such products include an accurate description of the raw meat or 
poultry component, the percentage of added solution incorporated into 
the raw meat or poultry product, and the individual ingredients or 
multi-ingredient components in the solution listed in the descending 
order of predominance by weight. FSIS also proposed that the print for 
all words in the common or usual name appear in a single font size, 
color, and style of print and that the name appear on a single-color 
contrasting background. In addition, the Agency proposed to remove the 
standard of identity regulation for ``ready-to-cook poultry products to 
which solutions are added.'' The comment period for the proposed rule 
ended on September 26, 2011.
    The Agency received a request for a 60 day extension of the comment 
period. The letter explained that additional time to comment was 
necessary because the proposed amendments are important to many meat 
and poultry companies. FSIS agrees that the proposed amendments are 
important, and, to provide more time for constructive comment, the 
Agency is reopening the comment period for the proposed rule. The 
comment period will close on January 9, 2012.
    The letter also requested the information, data, and evidence that 
FSIS considered in developing the proposed rule. In addition, the 
request asked the Agency for examples of specific labels in the 
marketplace about which it has concerns.
    The Agency responded that the information, data, and evidence on 
which it based the proposed amendments can be found in the Truthful 
Labeling Coalition's (TLC) petition and attachments referenced in the 
proposed rule (76 FR 44857). The TLC petition and its attachments are 
available in the FSIS Docket Room and on its Web site (http://www.fsis.usda.gov/Regulations_&_Policies/Proposed_Rules/index.asp).
    In response to the request for specific labels in the marketplace 
that FSIS has concerns about, examples of such labels are included in 
the Sorensen Associates Consumer Research Study (http://www.fsis.usda.gov/PDF/Petition_Truthful_Labeling_Coalition_Attachments.pdf) and ``Attachment B'' of the TLC petition (http://www.fsis.usda.gov/PDF/Petition_Truthful_Labeling_Coalition.pdf). To 
provide further examples, the Agency posted additional representative 
samples of marketplace labels (http://www.fsis.usda.gov/PDF/2010-0012_Examples.pdf).
    The Agency's response to the request for information, data, and 
evidence that FSIS considered in developing the proposed rule is posted 
on its Web site at (http://www.fsis.usda.gov/regulations_&_policies/

Additional Public Notification

    FSIS will announce this notice online through the FSIS Web page 
located at http://www.fsis.usda.gov/regulations_&_policies/Federal_Register_Publications_&_Related_Documents/index.asp.
    FSIS will also make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. Through the Listserv and Web page, FSIS is able to provide 
information to a much broader and more diverse audience. In addition, 
FSIS offers an electronic mail subscription service which provides 
automatic and customized access to selected food safety news and 
information. This service is available at http://www.fsis.usda.gov/News_&_Events/Email_Subscription/. Options range from recalls to 
export information to regulations, directives and notices. Customers 
can add or delete subscriptions themselves, and have the option to 
password protect their accounts.

USDA Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
in all its programs and activities on the basis of race, color, 
national origin, gender, religion, age, disability, political beliefs, 
sexual orientation, and marital or family status. (Not all prohibited 
bases apply to all programs.)
    Persons with disabilities who require alternative means for 
communication of program information (Braille, large print, audiotape, 
etc.) should contact USDA's Target Center at (202) 720-2600 (voice and 
    To file a written complaint of discrimination, write USDA, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, 
SW., Washington, DC 20250-941 or call (202) 720-5964 (voice and TTY).

    Done at Washington, DC, on November 1, 2011.
Alfred V. Almanza,
[FR Doc. 2011-28796 Filed 11-7-11; 8:45 am]