[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21706-21709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08488]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. FSIS-2015-0026]
RIN 0583-AD60


Classes of Poultry

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
definition and standard of identity for the ``roaster'' or ``roasting 
chicken'' poultry class to better reflect the characteristics of 
``roaster'' chickens in the market today. ``Roasters'' or ``roasting 
chickens'' are described in terms of the age and ready-to-cook (RTC) 
carcass weight of the bird. Genetic changes and management techniques 
have continued to reduce the grow-out period and increased the RTC 
weight for this poultry class. Therefore, FSIS is amending the 
``roaster'' definition to remove the 8-week minimum age criterion and 
increase the RTC carcass weight from 5 pounds to 5.5 pounds. FSIS is 
taking this action in response to a petition submitted by the National 
Chicken Council.

DATES: Effective Date: January 1, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Poultry Products Inspection Act (PPIA) prohibits the 
distribution of poultry products that are adulterated or misbranded (21 
U.S.C. 458). The PPIA also authorizes the Secretary of Agriculture to 
prescribe, among other things, definitions and standards of identity or 
composition for poultry products whenever the Secretary determines that 
such action is necessary for the protection of the public (21 U.S.C. 
457(b)). Poultry classes were established by USDA to aid in labeling 
poultry (9 CFR 381.170). The classes were based primarily on the age 
and sex of the bird. FSIS uses poultry class standards to ensure that 
poultry products are labeled in a truthful and non-misleading manner.
    On August 19, 2015, FSIS published a proposed rule to amend the 
definition and standard of identity for the ``roaster'' or ``roasting 
chicken'' poultry

[[Page 21707]]

class (hereafter referred to as ``roasters'') (80 FR 50229). Under the 
current regulations, a ``roaster'' is defined as a young chicken 
(between 8 and 12 weeks of age), of either sex, with a RTC weight of 5 
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that is somewhat less flexible 
than that of a broiler or fryer (9 CFR 381.170(a)(1)(iii)). FSIS 
published the final rule that established the current poultry class 
standards, including the ``roaster'' class, on November 3, 2011, and 
the rule went into effect on January 1, 2014.
    On November 18, 2013, before the January 1, 2014, effective date 
for the 2011 final rule, the National Chicken Council (NCC) petitioned 
FSIS to amend the definition and standard of identity for the 
``roaster'' chicken class to remove the 8-week minimum age requirement 
and to increase the RTC carcass weight to 5.5 pounds (http://www.fsis.usda.gov/wps/wcm/connect/adf54579-7a18-4ab2-a9b5-88f1eef65332/Petition-National-Chicken-Council.pdf?MOD=AJPERES). According to the 
petition, the ``roaster'' standard established in the 2011 final rule 
would detract from the orderly and efficient marketing of classes of 
poultry because companies would be unable to label and market chickens 
with the RTC weight and other physical attributes of a ``roaster'' as 
``roasters'' because of the minimum age requirement. The NCC asserted 
that improvements in breeding and poultry management techniques that 
have continued since FSIS published the November 2011 final rule have 
enabled producers to raise chickens with the characteristics of 
roasters in under 8 weeks.
    FSIS, in consultation with USDA's Agricultural Marketing Service 
(AMS), conducted a preliminary review of the NCC petition and 
supporting data and tentatively concluded that the petition had merit. 
Therefore, in the December 27, 2013, edition of the FSIS Constituent 
Update, FSIS announced that it would continue to allow chickens younger 
than 8 weeks of age to be labeled and marketed as ``roasters'' if these 
birds met all of the other characteristics of a ``roaster'' (http://www.fsis.usda.gov/wps/wcm/connect/7f5a78cd-48f5-411b-bcf3-6f0035e72ff8/Constituent-Update-122713.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7f5a78cd-48f5-411b-bcf3-6f0035e72ff8). They would have to have a RTC carcass weight of 5 pounds 
or more; be tender-meated; and have soft, pliable, smooth-textured skin 
that is somewhat less flexible than that of a broiler or fryer. FSIS 
also stated that it intended to propose to revise the roaster 
definition or reaffirm the definition established in the November 2011 
final rule.
    In July 2014, FSIS, in consultation with AMS, completed its review 
of the NCC petition and concluded that the available data supported the 
requested action (see the August 19, 2015 proposed rule ``Classes of 
Poultry'' (80 FR 50228)). On July 23, 2014, FSIS sent a letter to the 
NCC informing the organization that the Agency had decided to grant the 
petition (http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES). On August 
19, 2015, FSIS published a proposed rule to amend the poultry class 
standards to define a ``roaster'' or ``roasting chicken'' as a young 
chicken (less than 12 weeks of age) of either sex, with a RTC carcass 
weight of 5.5 pounds or more, that is tender-meated with soft, pliable 
smooth-textured skin and breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' After reviewing the 
comments on the proposed rule, FSIS is finalizing it without changes.

Summary of Comments and Responses

    FSIS received four comments on the proposed rule, one from an 
organization representing the chicken industry and three from private 
citizens.
    An organization representing the chicken industry strongly 
supported the proposed amendment because of the positive impacts on the 
poultry industry. According to the comment, such impacts include: (1) 
Aiding in the orderly and efficient marketing of classes of poultry in 
the United States, (2) eliminating the burden of periodically amending 
the regulation to reflect industry advancements in breeding by removing 
the minimum age requirement, and (3) reducing the cost for producers to 
efficiently raise birds. The organization also commented that efficient 
raising of birds would keep the cost of the final product lower for 
consumers because companies would not need to continue to pay for 
birds' feed until the birds reach eight weeks.
    The following is a summary of other relevant issues raised in the 
comments opposed to the rule and FSIS's responses.
    Comment: An individual opposed amending the ``roaster'' definition 
because the commenter believed that the change poses a health risk to 
the public. According to the comment, increasing the RTC weight from 5 
pounds to 5.5 pounds will change the time that a ``roasting chicken'' 
will have to cook.
    Response: FSIS disagrees that amending the ``roaster'' definition 
poses a health risk to the public. FSIS recommends cooking whole 
chicken to a safe minimum internal temperature of 165 [deg]F (73.9 
[deg]C) as measured with a food thermometer regardless of the weight of 
the bird. FSIS and standard cooking guidance recommend that those 
preparing whole chickens check the internal temperature in the 
innermost part of the thigh and wing and the thickest part of the 
breast. For planning purposes, some consumers approximate cooking times 
based on the weight of the carcass. FSIS requires all poultry labels to 
display an accurate net weight.
    Comment: Two comments from individuals stated that FSIS should 
maintain the 8-12 week age criteria for ``roasting chickens.'' 
According to the comments, ``roasters'' have a superior texture and 
flavor spectrum because of their age and not their size. One commenter 
asserted that the flavor of the meat improves with more bone versus 
cartilage in the finished meal. Another commenter said that the older 
the birds, the more firm and less fatty the meat. That commenter stated 
that consumers pay a premium for an older bird not a larger bird.
    Response: The new standard for ``roasting chicken'' eliminates the 
minimum age requirement of 8 weeks. Chickens up to 12 weeks may be 
labeled as ``roasters.'' Additionally, the ``roaster'' standard 
includes physical attributes, including those the commenters 
identified: the birds must be tender-meated with soft, pliable, smooth-
textured skin and have breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' Chickens that do not 
meet these physical attributes do not meet the standard for 
``roaster.''
    Comment: One individual stated that to assure consumers that they 
are purchasing an appropriately aged bird, product labels should 
indicate the age of the bird at the time of slaughter. According to the 
commenter, through this labeling information, consumers can decide 
whether they are purchasing a roaster or a broiler. Another individual 
said that companies should not be required to label birds as 
``broilers'' or ``roasters'' if the only difference between the two is 
size. According to the comment, the labeling should simply provide the 
RTC carcass weight.
    Response: Requiring that poultry carcasses be labeled with the age 
at time of slaughter would place an undue burden on industry without 
providing information to consumers that will inform their purchasing 
decisions. Both ``roasters'' and ``broilers'' may,

[[Page 21708]]

alternatively, be labeled as ``whole young chickens'' if the 
manufacturer prefers not to label them as ``roasters'' or ``broilers'' 
(9 CFR 381.117). Also, FSIS agrees with the petitioners that as long as 
chickens 12 weeks or younger have the appropriate characteristics, they 
may be labeled as ``roasters.''

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been designated a ``non-significant'' 
regulatory action under section 3(f) of Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget under Executive Order (E.O.) 12866.

Economic Impact Analysis

    FSIS affirms the preliminary regulatory impact analysis \1\ and is 
finalizing the proposed rule and regulatory impact analysis without 
change. This final rule will not have significant costs because FSIS 
allows chickens younger than 8 weeks with the physical attributes of 
``roasters'' to be labeled as ``roasters.'' \2\ The final rule will 
codify present practices and will not impose new requirements.
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    \1\ http://www.fsis.usda.gov/wps/wcm/connect/3fc66d17-1b67-4e09-a4a2-5eabbc55940a/2015-0026.htm?MOD=AJPERES.
    \2\ See Constituent Update: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713.
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    Amending the poultry class definition of ``roaster'' will benefit 
consumers by ensuring that chickens labeled as ``roasters'' continue to 
meet consumer expectations, and that the labels are truthful and not 
misleading. Consequently, consumers will be able to make informed 
purchase decisions.

Regulatory Flexibility Act Assessment

    The FSIS Administrator has determined that this final rule will not 
have a significant economic impact on a substantial number of small 
entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). This final rule will not result in additional costs to the 
industry because FSIS allows chickens younger than 8 weeks with the 
physical attributes of ``roasters'' to be labeled as ``roasters.''

Paperwork Reduction Act

    FSIS has reviewed this rule under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520) and has determined that the information 
collection related to labeling has been approved by OMB under OMB 
control number 0583-0092.
    FSIS does not anticipate many label changes as a result of the 
change to the ``roaster'' definition because establishments that 
produce chickens that comply with the ``roaster'' poultry class 
standard are already labeling these birds as ``roasters.''

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under this rule: (1) All State and local laws and 
regulations that are inconsistent with this rule will be preempted; (2) 
no retroactive effect will be given to this rule; and (3) no 
administrative proceedings will be required before parties may file 
suit in court challenging this rule.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult 
and coordinate with tribes on a government-to-government basis on 
policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    FSIS has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under E.O. 13175. If a 
Tribe requests consultation, FSIS will work with the Office of Tribal 
Relations to ensure meaningful consultation is provided where changes, 
additions and modifications identified herein are not expressly 
mandated by Congress.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this 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 our constituents and 
stakeholders. The Update is available on the FSIS Web page. Through the 
Web page, FSIS is able to provide information to a much broader, more 
diverse audience. In addition, FSIS offers an email 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/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves, and have the option to password 
protect their accounts.

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List of Subjects in 9 CFR Part 381

    Food grades and standards, Poultry and poultry products.
    For the reasons stated in the preamble, FSIS amends 9 CFR part 381, 
as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
1. 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
2. Amend Sec.  381.170 by revising paragraph (a)(1)(iii) to read as 
follows:


Sec.  381.170  Standards for kinds and classes, and for cuts of raw 
poultry.

    (a) * * *
    (1) * * *
    (iii) Roaster or roasting chicken. A ``roaster'' or ``roasting 
chicken'' is a young chicken (less than 12 weeks of age), of either 
sex, with a ready-to-cook carcass weight of 5.5 pounds or more, that is 
tender-meated with soft, pliable, smooth-textured skin and breastbone 
cartilage that is somewhat less flexible than that of a broiler or 
fryer.
* * * * *

    Done at Washington, DC, on: April 8, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-08488 Filed 4-12-16; 8:45 am]
 BILLING CODE 3410-DM-P