95-2583. Voluntary Poultry Grade Standards  

  • [Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
    [Rules and Regulations]
    [Pages 6638-6643]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-2583]
    
    
    
    
    [[Page 6637]]
    
    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Department of Agriculture
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Agricultural Marketing Service
    
    
    
    _______________________________________________________________________
    
    
    
    7 CFR Part 70
    
    
    
    Voluntary Poultry Grade Standards; Final Rule
    
    Federal Register / Vol. 60, No. 22 / Thursday, February 2, 1995 / 
    Rules and Regulations
    
    [[Page 6638]]
    
    
    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Part 70
    
    [Docket No. PY-92-003]
    RIN 0581-AA61
    
    
    Voluntary Poultry Grade Standards
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Agricultural Marketing Service (AMS) is adopting as a 
    final rule the provisions of the proposed rule which updated the 
    voluntary poultry grade standards in response to advancements within 
    the poultry industry and changes in consumer preferences. The revisions 
    will amend existing regulations with regard to discolorations, the 
    definition of exposed flesh, and the procurement grades in order to 
    simplify interpretation, improve uniformity, and strengthen 
    effectiveness. The revisions will also establish new grading criteria 
    for large poultry parts to fulfill industry's request for voluntary 
    grading standards for new products.
    
    EFFECTIVE DATE: March 6, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Janice L. Lockard, Chief, 
    Standardization Branch, (202) 720-3506.
    
    SUPPLEMENTARY INFORMATION: This rule has been determined not 
    significant for purposes of Executive Order 12866 and has not been 
    reviewed by the Office of Management and Budget.
        This rule has been reviewed under Executive Order 12778, Civil 
    Justice Reform. It is not intended to have retroactive effect. It would 
    not preempt any State or local laws, regulations, or policies, unless 
    they present an irreconcilable conflict with this rule. Prior to any 
    judicial challenges to the application of the provisions of this rule, 
    appropriate administrative procedures as set forth in 7 CFR 70.100 
    through 70.106 must be exhausted.
        The AMS Administrator has determined that this 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.).
        The information collection requirement that appears in section 
    70.210(e) of this rule has been previously approved by the Office of 
    Management and Budget and assigned OMB Control No. 0581-0127, under the 
    Paperwork Reduction Act of 1980.
    
    Background
    
        Poultry grading is a voluntary program provided under the authority 
    of the Agricultural Marketing Act of 1946, as amended, and is offered 
    on a fee-for-service basis. It is designed to assist the orderly 
    marketing of poultry products. Quality in practical terms refers to the 
    usability, desirability, and value of a product; as well as its 
    marketability. Grade standards identify and measure degrees of quality, 
    and permit important quality attributes to be evaluated uniformly and 
    accurately. In order to continue equity among all persons affected by 
    grade standards, from the producer to the consumer, the standards must 
    keep abreast of changes in consumer preferences as well as advancements 
    and trends in industry production and marketing practices.
        The poultry grade standards were last amended effective June 9, 
    1986. Those changes included establishing a standard for quality of 
    raw, boneless, skinless poultry products and clarifying the tolerance 
    for exposed flesh and discoloration in ready-to-cook poultry carcasses.
        Since 1986, there has been even greater consumer utilization of 
    convenience foods and demand for low-fat, skinless products. Constant 
    innovations and accomplishments have also occurred within the poultry 
    industry: (1) Improved quality and uniformity (conformation and 
    fleshing through technological advances and efficient production 
    practices); (2) new processing techniques; (3) effective automation; 
    (4) new products; and (5) new marketing trends.
    
    Proposed Changes
    
        The amendments revise the existing standard for discolorations on 
    skin and flesh in grade A and B quality poultry products and reclassify 
    skin bruises as a discoloration. For A quality carcasses and parts 
    (Sec. 70.220), slight discolorations on skin and flesh will be allowed 
    provided the discoloration does not detract from the appearance of the 
    product. Clarification is further made to define discolorations and to 
    include intensity levels allowed and the total aggregate area of 
    permitted discolorations.
        For B quality poultry products (Sec. 70.221), the limit for 
    discolorations will be moderately shaded areas and the carcass or part 
    will be free of serious defects. This revision is necessary to 
    accurately classify discolorations considered normal for the kind and 
    class of poultry being graded.
        Out-dated terms, such as ``blue back'' (Sec. 70.220), that refer to 
    conditions presently not found, are removed. Technological advancements 
    in poultry production practices have improved uniformity among poultry 
    products. ``Blue back'' has become a rare finding thereby making it 
    insignificant for present poultry marketing.
        The descriptions of grade criteria for discolorations in poultry 
    roasts (Sec. 70.230) is clarified. The revision allows slight 
    discolorations or other skin discolorations which do not detract from 
    the appearance of the roast. The aggregate area of all discolorations 
    is defined and tolerances are based on minimum and maximum weight. In 
    addition, the amount of skin covering poultry roasts is reduced and it 
    is permitted to overlap without limit, provided fat has been removed 
    from specific areas of the carcass. Current grade criteria for poultry 
    roasts do not provide a margin for accepting product tolerances based 
    on the weight of the product, nor do they permit the overlapping of 
    skin on roasts.
        In addition, the grade criteria for discolorations in boneless 
    breast and thigh meat (Sec. 70.231) is clarified. The current 
    regulation provides no margin for accepting product with slight 
    discolorations even though they may not detract from the appearance of 
    the product.
        Also amended are the grade factors for exposed flesh in A quality 
    poultry products (Sec. 70.220). Current grade factors were developed 
    when the primary method for disjointing whole carcasses was by hand. 
    They do not provide for insignificant cuts and tears on the breast and 
    legs of whole carcasses, or on poultry parts, that may be the result of 
    the newer processing technologies and equipment used today. Data from 
    the Agency's 1991 Poultry Defect Survey indicates that the amendments 
    would not significantly affect the overall acceptable quality levels of 
    the product. These cuts and tears frequently do not detract from the 
    appearance or acceptability of the product. The entire paragraph has 
    been rewritten to more clearly incorporate these changes. Because newer 
    methods for disjointing whole birds also affect the thigh portion of 
    poultry parts, the grade criteria for A quality thighs is clarified in 
    Sec. 70.220(f) ``Disjointed and broken bones, missing parts, and 
    trimming.''
        In B quality poultry products, trimming is removed from 
    Sec. 70.221(e) ``Exposed flesh'' and is more fully addressed in 
    Sec. 70.221(f) ``Disjointed and broken bones, missing parts, and 
    trimming.''
        Procurement Grades I and II (Secs. 70.270 and 70.271) are deleted. 
    
    [[Page 6639]]
        These grades were established in 1960, for poultry suitable for 
    institutional adaptation and further processing. Today, the use of 
    procurement grades and the need to provide grade standards below Grade 
    C are virtually non-existent.
        The amendments include definitions for front poultry halves and 
    rear poultry halves (Sec. 70.210), products that are newer retail 
    packs; add tenderloins to the regulations for boneless poultry breast 
    and thigh meat (Sec. 70.231); and add a new standard for skinless 
    carcasses and parts (Sec. 70.232). Industry had requested that the 
    Agency broaden the types of products to which the standards apply. 
    These changes give industry flexibility in marketing additional types 
    of graded poultry products. Consumer preferences for a leaner, tender 
    cut of poultry has caused the demand for tenderloin meat to grow and a 
    standard is needed to ensure a quality product. And consumers wanting 
    less fat in the diet will have a larger variety of skinless USDA graded 
    poultry products from which to choose. The Agency has been working with 
    industry, through test applications, to determine possible changes and 
    agrees that the amendments are feasible.
        The definition for ``Free from protruding pinfeathers'' (Sec. 70.1) 
    is revised by adding the terms ``diminutive feathers'' and ``hairs''. 
    In addition, the grade criteria for this factor in A quality 
    (Sec. 70.220) and B quality (Sec. 70.221) is clarified.
        The amendments require that all scales provided for the graders' 
    use be graduated uniformly whether used for individual products or 
    quantities of product (Sec. 70.15). This will enable a more accurate 
    application of tolerances during test-weighing procedures, especially 
    as the use of digital scales increases.
        The amendments will update the regulations to comply with current 
    statutory requirements regarding providing grading services and 
    licensing graders without discrimination due to age or disabilities 
    (Sec. 70.5).
        Other miscellaneous changes will remove obsolete material, correct 
    erroneous wording, and otherwise clarify, update, and simplify the 
    regulations. These changes are editorial or housekeeping in nature and 
    impose no new requirements.
    
    Comments
    
        A proposed rule to amend the poultry standards and grades in 7 CFR 
    Part 70 to reflect these innovations was published in the Federal 
    Register (59 FR 52469) on October 18, 1994. Comments on the proposed 
    rule were solicited from interested parties until November 17, 1994.
        During the 30-day comment period, the Agency received six comments, 
    four from poultry processors and two from national industry 
    associations. All commentors were in basic agreement with the proposed 
    changes. However, three processors and one association also called 
    attention to several items that were of concern.
        There were several comments about the definitions for 
    discolorations: (1) they should apply only to discolorations on muscle 
    tissue, not to any loose blood that may collect in the wing socket 
    area; (2) they are too subjective and need further clarification to 
    avoid inconsistent interpretation; (3) it is and would be cumbersome 
    for graders to visualize circular aggregate areas of discoloration and 
    to determine their dimensions; (4) color photographs and standard color 
    chips would be helpful.
        Discolorations on poultry skin and flesh have always been part of 
    the grade standards. Likewise, blood on or under the skin has always 
    been considered to be a discoloration. Blood may build up in the wing 
    socket area during the hanging, stunning, and evisceration procedures, 
    but it can usually be removed by further rinsing the poultry, thus 
    upgrading the product. The proposed regulations do not change these 
    facts, but they do define discolorations in terms of intensity levels 
    and they include the total aggregate area of permitted discolorations.
        The Agency recognizes that words alone cannot totally illustrate 
    degrees of discoloration or that visual inspection alone cannot 
    precisely determine the actual size of a discoloration. Therefore, the 
    Agency is developing two grading aids that will be provided to all 
    poultry grading personnel and will be available to others for a fee. 
    One aid is a color photo series that will show various defects, 
    including discolorations, on chickens, turkeys, and ducks. Each species 
    has its own unique characteristics and requires specific criteria to 
    classify any defects. The other aid is a plastic template with circular 
    areas of specific dimensions that coincide with the various aggregate 
    areas of defects that are permitted.
        Other comments were related to the definition of ``Free from 
    protruding pinfeathers, diminutive feathers, or hairs:'' (1) it was too 
    subjective or ambiguous; (2) it could lead to a wide range of 
    interpretation or inconsistent downgrading; (3) actual numbers and 
    sizes should be established for feathers and hairs.
        Defeathering has always been part of the poultry grade standard and 
    the Agency believes that the proposed revisions will help clarify the 
    regulations. However, the Agency will consider undertaking further 
    study concerning the defeathering process.
        In the meantime, in consideration of preliminary discussions with 
    industry resulting in the proposed regulatory changes and overall 
    acceptance thereof, the regulatory text contained in the proposed rule 
    is hereby adopted.
    
    List of Subjects in 7 CFR Part 70
    
        Food grades and standards, Food labeling, Poultry and poultry 
    products, Rabbits, Reporting and recordkeeping requirements.
    
        For reasons set forth in the preamble, 7 CFR Part 70 is amended as 
    follows:
    
    PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS 
    AND U.S. CLASSES, STANDARDS, AND GRADES
    
        1. The authority citation for Part 70 continues to read as follows:
    
        Authority: 7 U.S.C. 1621-1627.
    
        2. In section 70.1, the definition for ``Free from protruding 
    pinfeathers'' is revised and new definitions for ``Lightly shaded 
    discolorations,'' ``Moderately shaded discolorations,'' and ``Slight 
    discolorations'' are added to read as follows:
    
    
    Sec. 70.1  Definitions.
    
    * * * * *
        Free from protruding pinfeathers, diminutive feathers, or hairs 
    means that a poultry carcass, part, or poultry product with the skin on 
    is free from protruding pinfeathers, diminutive feathers, or hairs 
    which are visible to a grader during an examination at normal grading 
    speeds. However, a poultry carcass, part, or poultry product may be 
    considered as being free from protruding pinfeathers, diminutive 
    feathers, or hairs if it has a generally clean appearance and if not 
    more than an occasional protruding pinfeather, diminutive feather, or 
    hair is evidenced during a more careful examination.
    * * * * *
        Lightly shaded discolorations on poultry are generally reddish in 
    color and are usually confined to areas of the skin or the surface of 
    the flesh.
        Moderately shaded discolorations on poultry skin or flesh are areas 
    that are generally dark red or bluish, or are areas of flesh bruising. 
    Moderately shaded discolorations are free from blood clots that are 
    visible to a grader during an examination of the carcass, part, or 
    
    [[Page 6640]]
    poultry product at normal grading speeds.
    * * * * *
        Slight discolorations on poultry skin or flesh are areas of 
    discoloration that are generally pinkish in color and do not detract 
    from the appearance of the carcass, part, or poultry product.
    * * * * *
        3. Section 70.5 is revised to read as follows:
    
    
    Sec. 70.5  Nondiscrimination.
    
        The conduct of all services and the licensing of graders and 
    inspectors under these regulations shall be accomplished without regard 
    to race, color, national origin, religion, age, sex, or disability.
        4. In section 70.15, paragraph (c) is revised to read as follows:
    
    
    Sec. 70.15  Equipment and facilities to be furnished for use of graders 
    in performing service on a resident basis.
    
    * * * * *
        (c) Scales graduated in tenths of a pound or less for weighing 
    carcasses, parts, or products individually or in containers up to 100 
    pounds, and test weights for such scales.
    * * * * *
        5. In section 70.210, paragraphs (a), (b), and (e) introductory 
    text are revised; paragraphs (e)(10) through (e)(16) are redesignated 
    as paragraphs (e)(12) through (e)(18) respectively; and new paragraphs 
    (e)(10) and (e)(11) are added to read as follows:
    Sec. 70.210  General.
    
        (a) The United States standards for quality contained in this 
    subpart are applicable to individual carcasses of ready-to-cook 
    poultry, to parts of ready-to-cook poultry as described in paragraph 
    (e) of this section, and to individual units of specified poultry food 
    products.
        (b) Carcasses, parts, or poultry food products found to be unsound, 
    unwholesome, or otherwise unfit for human food in whole or in part, 
    shall not be given any of the quality designations specified in the 
    United States standards for quality contained in this subpart.
    * * * * *
        (e) The standards of quality are applicable to poultry parts cut in 
    the manner described in this section. Similar parts cut in a manner 
    other than described in this section may be grade identified only when 
    approved by the Administrator upon a determination that the labeling 
    for such parts accurately describes the product. Requests for such 
    approval shall be made to the national supervisor.
    * * * * *
        (10) ``Front poultry halves'' shall include the full breast with 
    corresponding back portion, and may or may not include wings, wing 
    meat, or portions of wing.
        (11) ``Rear poultry halves'' shall include both legs and adjoining 
    portion of the back attached.
    * * * * *
        6. In section 70.220, paragraphs (d), (e), (f), (g), and (h)(3) are 
    revised and a new paragraph (h)(4) is added to read as follows:
    
    
    Sec. 70.220  A Quality.
    
    * * * * *
        (d) Defeathering. The carcass or part has a clean appearance, 
    especially on the breast. The carcass or part is free of protruding 
    pinfeathers, diminutive feathers, and hairs.
        (e) Exposed flesh. The requirements contained in this section are 
    applicable to exposed flesh resulting from cuts, tears, and missing 
    skin.
        (1) The carcass may have exposed flesh due to cuts, tears, and 
    missing skin, provided the aggregate area of all exposed flesh does not 
    exceed an area equivalent to the area of a circle of the diameter 
    specified in the following table:
    
    ------------------------------------------------------------------------
                      Carcass weight                     Maximum aggregate  
    --------------------------------------------------     area permitted   
                                                      ----------------------
                   Minimum                   Maximum   Breast and           
                                                          legs     Elsewhere
    ------------------------------------------------------------------------
    None.................................  2 lb......  \1/4\ in..  1 in.    
    Over 2 lb............................  6 lb......  \1/4\ in..  1\1/2\   
                                                                    in.     
    Over 6 lb............................  16 lb.....  \1/2\ in..  2 in.    
    Over 16 lb...........................  None......  \1/2\ in..  3 in.    
    ------------------------------------------------------------------------
    
        (2) Large carcass parts, specifically halves, front halves, or rear 
    halves, may have exposed flesh due to cuts, tears, and missing skin, 
    provided the aggregate area of all exposed flesh does not exceed an 
    area equivalent to the area of a circle of the diameter specified in 
    the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum   Breast and            
                                                         legs      Elsewhere
    ------------------------------------------------------------------------
    None................................  2 lb......  \1/4\ in..  \1/2\ in. 
    Over 2 lb...........................  6 lb......  \1/4\ in..  \3/4\ in. 
    Over 6 lb...........................  16 lb.....  \1/2\ in..  1 in.     
    Over 16 lb..........................  None......  \1/2\ in..  1\1/2\ in.
    ------------------------------------------------------------------------
    
        (3) Other parts may have exposed flesh due to cuts, tears, and 
    missing skin, provided the aggregate area of all exposed flesh does not 
    exceed an area equivalent to the area of a circle of the diameter 
    specified in the following table:
    
    ------------------------------------------------------------------------
                           Carcass weight                           Maximum 
    -------------------------------------------------------------  aggregate
                                                                     area   
                                                                   permitted
                         Minimum                        Maximum  -----------
                                                                     Parts  
    ------------------------------------------------------------------------
    None............................................  2 lb......  \1/4\ in. 
    Over 2 lb.......................................  6 lb......  \1/4\ in. 
    Over 6 lb.......................................  16 lb.....  \1/2\ in. 
    Over 16 lb......................................  None......  \1/2\ in. 
    ------------------------------------------------------------------------
    
        (4) For all parts, trimming of the skin along the edge is allowed, 
    provided that at least 75 percent of the normal skin cover associated 
    with the part remains attached, and further provided that the remaining 
    skin uniformly covers the outer surface in a manner that does not 
    detract from the appearance of the part.
        (5) In addition, the carcass or part may have cuts or tears that do 
    not expand or significantly expose flesh, provided the aggregate length 
    of all such cuts and tears does not exceed a length tolerance using the 
    dimensions listed in the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                      Maximum aggregate  
    -------------------------------------------------    length permitted   
                                                     -----------------------
                                                      Breast and            
                   Minimum                  Maximum    legs, and   Elsewhere
                                                         parts    on carcass
    ------------------------------------------------------------------------
    None................................  2 lb......  \1/4\ in..  1 in.     
    Over 2 lb...........................  6 lb......  \1/4\ in..  1\1/2\ in.
    Over 6 lb...........................  16 lb.....  \1/2\ in..  2 in.     
    Over 16 lb..........................  None......  \1/2\ in..  3 in.     
    ------------------------------------------------------------------------
    
        (f) Disjointed and broken bones and missing parts. (1) Parts are 
    free of broken bones. Parts are free of disjointed bones except that 
    thighs with back portions, legs, or leg quarters may have the femur 
    disjointed from the hip joint. The carcass is free of broken bones and 
    has not more than one disjointed bone.
        (2) The wing tips may be removed at the joint, and in the case of 
    ducks and geese, the parts of the wing beyond the second joint may be 
    removed, if removed at the joint and both wings are so treated. The 
    tail may be removed at the base.
        (3) Cartilage separated from the breastbone is not considered as a 
    disjointed or broken bone.
        (g) Discoloration. The requirements contained in this section are 
    applicable to discolorations of the skin and flesh of poultry, and the 
    flesh of skinless poultry, as defined in the definitions in Sec. 70.1.
    
    [[Page 6641]]
    
        (1) The carcass, parts derived from the carcass, or large carcass 
    parts may have slight discolorations, provided the discolorations do 
    not detract from the appearance of the product.
        (2) The carcass may have lightly shaded areas of discoloration, 
    provided the aggregate area of all discolorations does not exceed an 
    area equivalent to the area of a circle of the diameter specified in 
    the following table. Evidence of incomplete bleeding, such as more than 
    an occasional slightly reddened feather follicle, is not permitted.
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum   Breast and   Elsewhere
                                                         legs     on carcass
    ------------------------------------------------------------------------
    None................................  2 lb......  \3/4\ in..  1\1/4\ in.
    Over 2 lb...........................  6 lb......  1 in......  2 in.     
    Over 6 lb...........................  16 lb.....  1\1/2\ in.  2\1/2\ in.
    Over 16 lb..........................  None......  2 in......  3 in.     
    ------------------------------------------------------------------------
    
        (3) The carcass may have moderately shaded areas of discoloration 
    and discolorations due to flesh bruising, provided:
        (i) They are not on the breast or legs, except for the area 
    adjacent to the hock joint;
        (ii) They are free of clots; and
        (iii) They may not exceed an aggregate area equivalent to the area 
    of a circle of the diameter specified in the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum    Hock area   Elsewhere
                                                        of legs   on carcass
    ------------------------------------------------------------------------
    None................................  2 lb......  \1/4\ in..  \5/8\ in. 
    Over 2 lb...........................  6 lb......  \1/2\ in..  1 in.     
    Over 6 lb...........................  16 lb.....  \3/4\ in..  1\1/4\ in.
    Over 16 lb..........................  None......  1 in......  1\1/2\ in.
    ------------------------------------------------------------------------
    
        (4) Parts, other than large carcass parts, may have lightly shaded 
    areas of discoloration, provided the aggregate area of all 
    discolorations does not exceed an area equivalent to the area of a 
    circle of the diameter specified in the following table. Evidence of 
    incomplete bleeding, such as more than an occasional slightly reddened 
    feather follicle, is not permitted.
    
    ------------------------------------------------------------------------
                           Carcass weight                           Maximum 
    -------------------------------------------------------------  aggregate
                                                                     area   
                                                                   permitted
                         Minimum                        Maximum  -----------
                                                                     Parts  
    ------------------------------------------------------------------------
    None............................................  2 lb......  \1/2\ in. 
    Over 2 lb.......................................  6 lb......  \3/4\ in. 
    Over 6 lb.......................................  16 lb.....  1 in.     
    Over 16 lb......................................  None......  1\1/4\ in.
    ------------------------------------------------------------------------
    
        (5) Parts, other than large carcass parts, may have moderately 
    shaded areas of discoloration and discolorations due to flesh bruising, 
    provided:
        (i) They are not on the breast or legs, except for the area 
    adjacent to the hock joint;
        (ii) They are free of clots; and
        (iii) They may not exceed an aggregate area equivalent to the area 
    of a circle of the diameter specified in the following table:
    
    ------------------------------------------------------------------------
                            Carcass weight                          Maximum 
    -------------------------------------------------------------- aggregate
                                                                      area  
                                                                   permitted
                         Minimum                         Maximum  ----------
                                                                     Parts  
    ------------------------------------------------------------------------
    None.............................................  2 lb......  \1/4\ in.
    Over 2 lb........................................  6 lb......  \3/8\ in.
    Over 6 lb........................................  16 lb.....  \1/2\ in.
    Over 16 lb.......................................  None......  \5/8\ in.
    ------------------------------------------------------------------------
    
        (6) Large carcass parts, specifically halves, front halves, or rear 
    halves, may have lightly shaded areas of discoloration, provided the 
    aggregate area of all discolorations does not exceed an area equivalent 
    to the area of a circle of the diameter specified in the following 
    table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum   Breast and            
                                                         legs      Elsewhere
    ------------------------------------------------------------------------
    None................................  2 lb......  \1/2\ in..  1 in.     
    Over 2 lb...........................  6 lb......  \3/4\ in..  1\1/2\ in.
    Over 6 lb...........................  16 lb.....  1 in......  2 in.     
    Over 16 lb..........................  None......  1\1/4\ in.  2\1/2\ in.
    ------------------------------------------------------------------------
    
        (7) Large carcass parts, specifically halves, front halves, or rear 
    halves, may have moderately shaded areas of discoloration and 
    discolorations due to flesh bruising, provided:
        (i) They are not on the breast or legs, except for the area 
    adjacent to the hock joint;
        (ii) They are free of clots; and
        (iii) They may not exceed an aggregate area equivalent to the area 
    of a circle of the diameter specified in the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum    Hock area            
                                                        of legs    Elsewhere
    ------------------------------------------------------------------------
    None................................  2 lb......  \1/4\ in..  \1/2\ in. 
    Over 2 lb...........................  6 lb......  \3/8\ in..  \3/4\ in. 
    Over 6 lb...........................  16 lb.....  \1/2\ in..  1 in.     
    Over 16 lb..........................  None......  \5/8\ in..  1\1/4\ in.
    ------------------------------------------------------------------------
    
        (h) * * *
        (3) Occasional small areas of clear, pinkish, or reddish colored 
    ice.
        (4) Occasional small areas of dehydration, white to light grey in 
    color, on the flesh of skinless carcasses, parts, or specified poultry 
    food products not to exceed the permitted aggregate area for 
    discolorations as provided in Sec. 70.220(g).
    * * * * *
        7. In section 70.221, paragraphs (d), (e), (f), and (g) are revised 
    to read as follows:
    
    
    Sec. 70.221  B Quality.
    
    * * * * *
        (d) Defeathering. The carcass or part may have a few protruding 
    pinfeathers, diminutive feathers, or hairs which are scattered 
    sufficiently so as not to appear numerous.
        (e) Exposed flesh. A carcass may have exposed flesh provided that 
    no part on the carcass has more than one-third of the flesh exposed. A 
    part may have no more than one-third of the flesh normally covered by 
    skin exposed.
        (f) Disjointed and broken bones, missing parts, and trimming. (1) 
    Parts may be disjointed, but are free of broken bones. The carcass may 
    have two disjointed bones, or one disjointed bone and one nonprotruding 
    broken bone.
        (2) Parts of the wing beyond the second joint may be removed at a 
    joint. The tail may be removed at the base.
        (3) Slight trimming of the carcass is permitted provided the meat 
    yield of any part on the carcass is not appreciably affected. A 
    moderate amount of meat may be trimmed around the edge of a part to 
    remove defects. The back may be trimmed in an area not wider than the 
    base of the tail to the area halfway between the base of the tail and 
    the hip joints.
        (g) Discolorations of the skin and flesh. (1) Discolorations are 
    limited to moderately shaded areas and the carcass or part is free of 
    serious defects. Evidence of incomplete bleeding shall be no more than 
    slight. Discolorations due to flesh bruising shall be free of clots and 
    may not exceed one-half the 
    
    [[Page 6642]]
    total aggregate area of permitted discoloration.
        (2) For a carcass, the aggregate area of all discolorations shall 
    not exceed an area equivalent to the area of a circle of the diameter 
    specified in the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum   Breast and            
                                                         legs      Elsewhere
    ------------------------------------------------------------------------
     None...............................  2 lb......  1\1/4\ in.   2\1/4\   
                                                                   in.      
    Over 2 lb...........................  6 lb......  2 in......  3 in.     
    Over 6 lb...........................  16 lb.....  2\1/2\ in.  4 in.     
    Over 16 lb..........................  None......  3 in......  5 in.     
    ------------------------------------------------------------------------
    
        (3) For a part, the aggregate area of all discolorations for a part 
    shall not exceed an area equivalent to the area of a circle having a 
    diameter specified in the following table:
    
    ------------------------------------------------------------------------
                           Carcass weight                           Maximum 
    -------------------------------------------------------------  aggregate
                                                                     area   
                                                                   permitted
                                                                 -----------
                         Minimum                        Maximum     Breast, 
                                                                   legs, and
                                                                     parts  
    ------------------------------------------------------------------------
    None............................................  2 lb......  \3/4\ in. 
    Over 2 lb.......................................  6 lb......  1 in.     
    Over 6 lb.......................................  16 lb.....  1\1/2\ in.
    Over 16 lb......................................  None......  1\3/4\ in.
    ------------------------------------------------------------------------
    
        (4) Large carcass parts, specifically halves, front halves, or rear 
    halves, may have areas of discoloration, provided the aggregate area 
    does not exceed an area equivalent to the area of a circle of the 
    diameter specified in the following table:
    
    ------------------------------------------------------------------------
                     Carcass weight                   Maximum aggregate area
    -------------------------------------------------        permitted      
                                                     -----------------------
                   Minimum                  Maximum   Breast and            
                                                         legs      Elsewhere
    ------------------------------------------------------------------------
     None...............................  2 lb......  1 in......  1\1/4\ in.
    Over 2 lb...........................  6 lb......  1\1/2\ in.  1\3/4\ in.
    Over 6 lb...........................  16 lb.....  2 in......  2\1/2\ in.
    Over 16 lb..........................  None......  2\1/2\ in.  3 in.     
    ------------------------------------------------------------------------
    
    * * * * *
        8. In section 70.230, paragraph (c) is removed; paragraphs (d) 
    through (j) are redesignated as paragraphs (f) through (l) 
    respectively; new paragraphs (c), (d), and (e) are added; and paragraph 
    (b) and newly designated paragraphs (f), and (l) are revised to read as 
    follows:
    
    
    Sec. 70.230  Poultry roast--A Quality.
    
    * * * * *
        (b) Bones, tendons, cartilage, bruises, and blood clots shall be 
    removed from the meat.
        (c) The roast has a clean appearance and is free of protruding 
    pinfeathers, diminutive feathers, and hair.
        (d) Skin for covering a roast may include the skin covering the 
    crop area and the neck skin up to the whisker if the fatty blubber, 
    spongy fat, and membranes have been removed from these areas.
        (e)(1) Slight discolorations are permitted on the skin or flesh 
    provided the discoloration does not detract from the appearance of the 
    product. Other discolorations are limited to lightly shaded areas of 
    discolorations that do not exceed the total aggregate area of permitted 
    discoloration as described in this section.
        (2) The aggregate area of all lightly shaded discolorations for a 
    poultry roast shall not exceed an area equivalent to the area of a 
    circle of the diameter specified in the following table:
    
    ------------------------------------------------------------------------
                         Roast weight                            Maximum    
    -------------------------------------------------------  aggregate area 
                      Minimum                     Maximum       permitted   
    ------------------------------------------------------------------------
     None.....................................  2 lb......  \3/4\ inch.     
     Over 2 lb................................  6 lb......  1 inch.         
     Over 6 lb................................  16 lb.....  1\1/2\ inches.  
     Over 16 lb...............................  None......  2 inches.       
    ------------------------------------------------------------------------
    
        (f) Fifty percent or more of the outer surface of the product shall 
    be covered with skin, whether attached to the meat or used as a wrap. 
    Skin covering may overlap without limit in all areas provided the fatty 
    tissue has been removed from the sternal and pectoral feather tracts. 
    The combined weight of the skin and fat used to cover the outer surface 
    and used as a binder shall not exceed 15 percent of the total net 
    weight of the product.
    * * * * *
        (l) Product packaged in an oven-ready container shall meet all the 
    requirements of the paragraphs in this section, except that with 
    respect to skin covering, the exposed surface of the roast need not be 
    covered with skin. If skin is used to cover the exposed surface, it may 
    be whole or emulsified. Additionally, for roasts packaged in oven-ready 
    containers, comminuted (mechanically deboned) meat may be substituted 
    in part for skin, but may not exceed 8 percent of the total weight of 
    the product.
        9. In section 70.231, the section heading, the introductory text, 
    and paragraphs (d) and (e) are revised to read as follows:
    
    
    Sec. 70.231  Boneless poultry breast, thigh, and tenderloin--A Quality.
        The standards of quality contained in this section are applicable 
    to raw poultry products labeled as ready-to-cook boneless poultry 
    breasts, thighs, or tenderloins, or as ready-to-cook boneless poultry 
    breast fillets or thigh fillets, or with words of similar import.
    * * * * *
        (d) Skinless breasts, thighs, or tenderloins shall be free of 
    cartilage, blood clots, bruises, tendons (except for tenderloins), and 
    discolorations other than slight discolorations, provided they do not 
    detract from the appearance of the product. Minor flesh abrasions due 
    to preparation techniques are permitted.
        (e) Trimming is permitted around the outer edges of whole breasts, 
    half breasts, and thighs provided the trimming results in at least one-
    fourth of the breast or one-half of the thigh remaining intact and 
    further, must result in a portion that approximates the same 
    symmetrical appearance of the original part. Trimming must result in a 
    smooth outer surface with no angular cuts, tears, or holes in the meat 
    portion of the product. Trimming of the inner muscle surface is 
    permitted provided it results in a relatively smooth appearance.
        10. In subpart B, a new section 70.232 is added to read as follows:
    
    
    Sec. 70.232  Skinless carcasses and parts--A Quality
    
        The standards of quality contained in this section are applicable 
    to raw ready-to-cook whole poultry carcasses and parts.
        (a) The parts shall be cut as specified in Sec. 70.210.
        (b) The skin shall be removed in a manner without undue mutilation 
    of adjacent muscle. Minor flesh abrasions due to preparation techniques 
    are permitted.
        (c) Skinless carcasses or parts shall meet A quality ready-to-cook 
    requirements as outlined in Sec. 70.220(a), (b), (f), and (g).
        11. In section 70.240, paragraph (a) is revised and paragraph (d) 
    is removed to read as follows:
    
    
    Sec. 70.240  General
    
        (a) All terms in the United States standards for quality set forth 
    in Secs. 70.210 through 70.232 shall, when used in Secs. 70.240 through 
    70.252, have the same meaning as when used in said standards.
    * * * * *
        12. Sections 70.270 and 70.271 are removed, as well as the 
    undesignated center heading preceding Sec. 70.270.
    
    
    [[Page 6643]]
    
        Dated: January 27, 1995.
    Lon Hatamiya,
    Administrator.
    [FR Doc. 95-2583 Filed 2-1-95; 8:45 am]
    BILLING CODE 3410-02-P
    
    

Document Information

Effective Date:
3/6/1995
Published:
02/02/1995
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-2583
Dates:
March 6, 1995.
Pages:
6638-6643 (6 pages)
Docket Numbers:
Docket No. PY-92-003
RINs:
0581-AA61
PDF File:
95-2583.pdf
CFR: (13)
7 CFR 70.221(e)
7 CFR 70.221(f)
7 CFR 70.220(f)
7 CFR 70.1
7 CFR 70.5
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