[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82077-82079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33427]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 303, 317, 319, and 381

[Docket No. FSIS-2011-0024]
RIN 0583-AB02


Food Ingredients and Sources of Radiation Listed or Approved for 
Use in the Production of Meat and Poultry Products; Technical Amendment

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: This document contains technical amendments to the final 
labeling regulations that were published in the Federal Register on 
December 23, 1999. The regulations related to harmonizing and improving 
the efficiency of the procedures used by the Food Safety and Inspection 
Service (FSIS) and the Food and Drug Administration (FDA) for reviewing 
and listing the food ingredients and sources of radiation listed or 
approved for use in the production of meat and poultry products.

DATES: December 30, 2011.

[[Page 82078]]


FOR FURTHER INFORMATION CONTACT: Victoria Levine, Program Analyst, 
Policy Issuance Division, Office of Policy and Program Development, 
Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC 20250; (202) 720-5627; Fax (202) 690-0486.

SUPPLEMENTARY INFORMATION:

Background

    The regulations that are the subject of these technical amendments 
were published on December 23, 1999, in a final rule titled ``Food 
Ingredients and Sources of Radiation Listed or Approved for Use in the 
Production of Meat and Poultry Products'' (64 FR 72168). Among other 
things, this final rule consolidated various existing regulations on 
food ingredients and sources of radiation into a single new part, 9 CFR 
part 424, applicable to both meat and poultry establishments. 
Specifically, it combined the separate listings of food ingredients 
approved for use in meat and poultry products contained in 9 CFR 318.7 
and 9 CFR 381.147 into a single table (9 CFR 424.21(c)). FSIS then 
removed Sec. Sec.  318.7 and 381.147 from the meat and poultry products 
inspection regulations. The Agency did not, however, replace all of the 
references to Sec. Sec.  318.7 and 381.147 contained in the meat and 
poultry product inspection regulations with a reference to Sec.  
424.21(c), the correct citation.
    As published, the final regulations contain this error in several 
locations and thus needs to be corrected. Therefore, FSIS is replacing 
all references to Sec. Sec.  318.7 and 381.147 contained in the meat 
and poultry product inspection regulations with a reference to the 
correct section, Sec.  424.21(c).

List of Subjects in 9 CFR Parts 303, 317, 319, and 381

    Food grades and standards, Food labeling, Food packaging, Meat 
inspection, Poultry products.

    Accordingly, 9 CFR parts 303, 317, 319, and 381 are corrected by 
making the following correcting amendments:

PART 303--EXEMPTIONS

0
1. The authority citation for part 303 continues to read as follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.


0
2. In Sec.  303.1, revise paragraph (b)(1) of to read as follows:


Sec.  303.1  Exemptions.

* * * * *
    (b)(1) The exempted custom prepared products shall be prepared and 
handled in accordance with the provisions of Sec. Sec.  318.5, 318.6, 
318.10, 381.300 through 318.311 of this subchapter and Sec.  424.21 of 
subchapter E, and shall not be adulterated as defined in paragraph 1(m) 
of the Act. The provisions of Sec. Sec.  318.5, 318.6, 318.10, and 
318.300 through 318.311 related to inspection or supervision of 
specified activities or other action by an inspection program employee 
and the provisions of Sec.  318.6(b)(9) and (10) shall not apply to the 
preparation and handling of such exempted products.
* * * * *

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

0
3. The authority citation for part 317 continues to read as follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.


0
4. In Sec.  317.2, revise paragraph (f)(1)(vi)(B) to read as follows:


Sec.  317.2  Labels: definition; required features.

* * * * *
    (f) * * *
    (1) * * *
    (vi) * * *
    (B) Such ingredients may be adjusted in the product formulation 
without a change being made in the ingredients statement on the 
labeling, provided that the adjusted amount complies with part 319 of 
this subchapter and with Sec.  424.21 of subchapter E, and does not 
exceed the amount shown in the quantifying statement. Any such 
adjustments to the formulation shall be provided to the inspector-in-
charge.
* * * * *

PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION

0
5. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR 
2.18, 2.53.


0
6. In Sec.  319.181, revise the second and third sentences to read as 
follows:


Sec.  319.181  Cheesefurters and similar products.

    * * * They may contain binders and extenders as provided in Sec.  
424.21(c) of subchapter E. Limits on use as provided in Sec.  424.21 
are intended to be exclusive of the cheese constituent. * * *

0
7. In Sec.  319.281, revise the first sentence of paragraph (b)(9) to 
read as follows:


Sec.  319.281  Bockwurst.

* * * * *
    (b) * * *
    (9) Binders and extenders may be added as provided in Sec.  
424.21(c) of subchapter E. * * *
* * * * *

0
8. R In Sec.  319.300, revise the last sentence to read as follows:


Sec.  319.300  Chili con carne.

    * * * The mixture may contain binders and extenders as provided in 
Sec.  424.21(c) of subchapter E.

0
9. In Sec.  319.301, revise the last sentence to read as follows:


Sec.  319.301  Chili con carne with beans.

    * * * The mixture may contain binders and extenders as provided in 
Sec.  424.21(c) of subchapter E.

0
10. In Sec.  319.306, revise the last sentence to read as follows:


Sec.  319.306  Spaghetti with meatballs and sauce, spaghetti with meat 
and sauce, and similar products.

    * * * Meatballs may be prepared with farinaceous material and with 
other binders and extenders as provided in Sec.  424.21(c) of 
subchapter E.

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
11. The authority citation for part 381 continues to read as follows:

    Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 
2.18, 2.53.


0
12. In Sec.  381.118, revise the first sentence in paragraph (a)(2)(ii) 
to read as follows:


Sec.  381.118  Ingredients statement.

* * * * *
    (a) * * *
    (2) * * *
    (ii) Such ingredients may be adjusted in the product formulation 
without a change being made in the ingredients statement on the 
labeling, provided that the adjusted amount complies with subpart P of 
this part and Sec.  424.21(c) of subchapter E, and does not exceed the 
amount shown in the quantifying statement. * * *
* * * * *


0
13. In Sec.  381.129, revise paragraph (d) to read as follows:


Sec.  381.129  False or misleading labeling or containers.

* * * * *
    (d) When sodium alginate, calcium carbonate, lactic acid, and 
calcium lactate are used together in a dry binding matrix in ground or 
formed poultry products, as permitted in

[[Page 82079]]

Sec.  424.21(c) of subchapter E, there shall appear on the label 
contiguous to the product name a statement to indicate the use of 
sodium alginate, calcium carbonate, lactic acid, and calcium lactate.
* * * * *


0
14. In Sec.  381.133,revise paragraph (b)(9)(xviii) to read as follows:


Sec.  381.133  Generically approved labeling.

* * * * *
    (b) * * *
    (9) * * *
    (xviii) Changes reflecting a change in the quantity of an 
ingredient shown in the formula without a change in the order of 
predominance shown on the label, provided that the change in the 
quantity of ingredients complies with any minimum or maximum limits for 
the use of such ingredients prescribed in subpart P of this part and 
Sec.  424.21(c) of subchapter E;
* * * * *

    Done in Washington, DC, on December 23, 2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011-33427 Filed 12-29-11; 8:45 am]
BILLING CODE 3410-DM-P