[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Rules and Regulations]
[Pages 147-148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-064]
[[Page 147]]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 319
[Docket No. 96-040F]
RIN 0583-AC29
Use of Binders in ``Ham With Natural Juices'' Products
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
Federal meat inspection regulations to permit the use of binders in
``Ham with Natural Juices'' products. FSIS currently permits the use of
certain binders in cured pork products labeled ``Ham Water Added'' and
``Ham and Water Product-X% of Weight is Added Ingredients.'' FSIS is
taking this action in response to a petition submitted by Hormel Foods
Corporation, requesting the Agency to allow modified food starch (or
``food starch, modified'') to be used as a binder in ``Ham with Natural
Juices'' products, in an amount not exceeding 2 percent of product
formulation, to prevent purging of the brine solution, thereby
retaining product moisture and enhancing texture.
EFFECTIVE DATE: March 6, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Post, Director, Labeling
and Compounds Review Division, Office of Policy, Program Development,
and Evaluation; (202) 205-0279.
SUPPLEMENTARY INFORMATION:
Background
On April 25, 1997, FSIS published a proposed rule in the Federal
Register (62 FR 20130) to permit the use of modified food starch in
``Ham with Natural Juices'' products, in an amount not exceeding 2
percent of product formulation, to prevent purging of the brine
solution. As noted in the proposal, FSIS does not permit the use of
binders in ``Ham with Natural Juices'' products. FSIS has prohibited
their use in ``Ham with Natural Juices'' products to prevent economic
adulteration. FSIS believes that consumers consider ham products
labeled ``Ham with Natural Juices'' to be premium products because they
do not contain ``fillers,'' such as binders, and thus, are typically
priced higher than the ``binders and water added'' ham products.
Furthermore, in accordance with 9 CFR 319.104, ``Ham with Natural
Juices'' products must meet a higher protein fat-free (PFF) value than
other cured pork products, such as ``Ham Water Added'' and ``Ham and
Water Product-X% of Weight is Added Ingredients,'' which reflects less
added substances, including water.
The petitioner has developed a new process for producing its ``Ham
with Natural Juices'' product in response to what they view as consumer
demand for an improved ham product. The new process includes the use of
modified food starch, which is currently prohibited in a ``Ham with
Natural Juices'' product. According to the petitioner, its new ``Ham
with Natural Juices'' process requires the use of modified food starch
in order to enhance the characteristics of texture and, more
importantly, moisture retention that consumers associate with the
product.
Comments
FSIS received 9 comments during the public comment period that
ended June 9, 1997. Six were from food companies and three were from
trade associations. Six commenters expressed support for the proposal
while three commenters opposed it.
Commenters in favor of the proposal generally stated that they
believe it will allow the manufacture of products that meet the needs
of consumers and enhance their satisfaction with ``Ham with Natural
Juices'' products. They agreed with the petitioner that a ``Ham with
Natural Juices'' product which contains a binder can be made to meet
the PFF requirements for ``Ham with Natural Juices'' products without
significantly changing the nutrient content of the product.
Commenters opposed to the proposal, however, felt strongly that, if
implemented, it will compromise the quality of ``Ham with Natural
Juices'' products and that the addition of modified food starch into
the product will significantly change its expected characteristics. One
commenter stated that the modified food starch will artificially retain
moisture. As a result, the juices in the product will no longer be
``natural juices.'' The commenter pointed out that the product thus
created is altered from the traditional product. Further, because the
new brine binding technology as described in the proposal does not
indicate whether the product is minimally processed or maintained in a
natural state, the product does not meet the criteria for the term
``natural.'' In this commenter's opinion, the new product deviates from
the current product identity expectation and does not, in fact, meet
the consumer's expectations.
Another commenter expressed similar views. This commenter stated
that, under natural conditions, a muscle will hold only a certain
amount of moisture. The commenter further stated that, if this level is
not acceptable to the petitioner and it feels it needs to alter the
natural process by adding a binder, then the product should be labeled
accordingly; however, the entire category of ``Ham with Natural
Juices'' products should not be modified to permit the use of binders.
One commenter felt that the justification supplied for the addition
of binders to ``Ham with Natural Juices'' products (to prevent purging
of the brine solution) is weak. This commenter stated that properly
processed ``Ham with Natural Juices'' products will have little, if
any, purge.
The Final Rule
After reviewing the comments received, the Agency has concluded
that ``Ham with Natural Juices'' remains an acceptable product
identity. FSIS agrees with the petitioners and comments in favor of the
proposal that ``Ham with Natural Juices'' products which contain a
binder can, and must, meet the PFF requirements for ``Ham with Natural
Juices'' products without significantly changing the nutrient content
of the product. As indicated in the proposal, the petitioner has
submitted technical data and other information demonstrating that the
finished product does not fall below the minimum regulated PFF value
with an acceptable yield loss, as illustrated by purged value
differences over time. Because the product adheres to the minimum PFF
value, even with the addition of modified food starch and other
permitted binders, consumers will be receiving a ``Ham with Natural
Juices'' product with essentially the same protein content and other
nutrients as they do with a ``Ham with Natural Juices'' without
binders. The concern of the commenters that the product no longer
contains ``natural'' juices is diminished because of the adherence to
the PFF value and the fact that no solutions are added that result in a
cooked product that weighs more than its uncooked, cured green weight.
If a manufacturer decides to make a ``Ham with Natural Juices''
product that includes a binder, but which adheres to the PFF value for
a ``Ham with Natural Juices'' product, it will have to be labeled
accordingly. Modified food starch and the other permitted binders will
have to appear in the ingredients statement to inform consumers of
their presence. Because the PFF value for a ``Ham with Natural Juices''
product is
[[Page 148]]
unchanged, FSIS will not require the binder name to appear in the name
of the product; its appearance in the ingredients statement should be
sufficient to inform consumers of its presence. For these reasons, FSIS
is permitting the use of binders in ``Ham with Natural Juices''
products in an amount not exceeding 2 percent of product formulation,
to prevent purging of the brine solution.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This final rule: (1) Preempts all state and local
laws and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant and
therefore has not been reviewed by OMB under Executive Order 12866.
The Administrator has made an initial determination 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). The final rule permits the use of any one of the
approved binders listed in 9 CFR 318.7(c)(4) in ``Ham with Natural
Juices'' products. Manufacturers opting to use the approved binders in
``Ham with Natural Juices'' products will incur labeling expenses in
revising the ingredients statements of their labels to show the
presence of the approved binders. Decisions by individual manufacturers
whether to use any one of the approved binders in ``Ham with Natural
Juices'' products will be based on their conclusion that the benefits
outweigh the implementation costs.
Paperwork Requirements
Abstract: FSIS has reviewed the paperwork and recordkeeping
requirements in this final rule in accordance with the Paperwork
Reduction Act. This rule requires manufacturers opting to use one of
the approved binders in ``Ham with Natural Juices'' products to revise
their product labels. The labels will not be submitted to FSIS for
approval because they are generically approved in accordance with 9 CFR
317.5. This information collection is approved under OMB number 0583-
0094.
List of Subjects in 9 CFR Part 319
Food grades and standards, Food labeling.
For the reasons set out in the preamble, 9 CFR part 319 is amended
as follows:
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
1. 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.
2. The first sentence of paragraph (d) of section 319.104 is
revised to read as follows:
Sec. 319.104 Cured pork products.
* * * * *
(d) The binders provided in Sec. 318.7(c)(4) of this subchapter for
use in cured pork products may be used singly in those cured pork
products labeled as ``Ham Water Added,'' ``Ham and Water Product-X% of
Weight is Added Ingredients,'' and ``Ham with Natural Juices.'' * * *
Done at Washington, DC, on December 22, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 98-064 Filed 1-2-98; 8:45 am]
BILLING CODE 3410-DM-P
