[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Rules and Regulations]
[Pages 40627-40630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20321]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 63, No. 146 / Thursday, July 30, 1998 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 70
[Docket No. PY-97-004]
Voluntary Poultry and Rabbit Grading Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is amending the
regulations governing the voluntary poultry and rabbit grading
programs. The revisions simplify the definition about feathers on
poultry, provide an alternative grademark for poultry and rabbit
products, provide for the use of a ``Prepared From'' grademark to
officially identify specialized products that originate from officially
graded poultry, change the sample plan used by graders, and increase
the lighting intensity required at grading stations. From time to time,
sections in the regulations are affected by changes in processing
technology and marketing. This rule updates the regulations to reflect
these changes.
DATES: This rule is effective August 31, 1998.
FOR FURTHER INFORMATION CONTACT: Douglas C. Bailey, Chief,
Standardization Branch, (202) 720-3506.
SUPPLEMENTARY INFORMATION: This rule has been determined to be not
significant for purposes of Executive Order 12866 and has not been
reviewed by the Office of Management and Budget (OMB).
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action on small entities as defined in the RFA (5 U.S.C. 601). There
are some 200 plants using the Agency's voluntary poultry grading
services and many of them are small entities.
The definition Free from protruding pinfeathers, diminutive
feathers, or hairs is simplified by removing the words ``pinfeathers''
and ``diminutive,'' words no longer commonly used when discussing
feathers and poultry quality. Additionally, in the definition for
Ready-to-cook poultry, the word ``pinfeathers'' is changed to
``feathers.'' These changes merely reflect current practices and should
not have any additional economic impact on entities using voluntary
poultry grading services.
Poultry and rabbit processors will be allowed to use a shield
displayed in three colors on packaging materials to officially identify
USDA graded poultry and rabbits. Similarly, producers of products
originating from A quality poultry, for which there are no U.S. grade
standards, will be allowed to use a ``Prepared From'' grademark on
packaging materials. The use of these alternative forms of the USDA
grademark gives processors greater flexibility in packaging and
marketing their products. Since these alternative grademarks are used
at the processors' discretion, any economic impact caused by their use
is by the choice of the processors.
Changing the sampling plan will enable graders to select a more
representative sample upon which to base grading decisions. The
economic impact should be no greater than under the current sampling
plan. Increasing the lighting intensity required at grading stations
will enhance the grader's ability to visually evaluate products. Both
changes will provide processors with fairer, more accurate evaluations.
Better lighting could also help avoid the economic burden of
reprocessing product or diverting product unnecessarily downgraded
because of inadequate lighting. The costs, if any, for increasing the
lighting intensity should be minor.
For the above reasons, the Agency has certified that this action
will not have a significant impact on a substantial number of small
entities.
Background and Comments
Poultry and rabbit grading are voluntary programs provided under
the Agricultural Marketing Act of 1946, as amended, and are offered on
a fee-for-service basis. They are designed to assist the orderly
marketing of poultry and rabbits by providing for the official
certification of quality, quantity, class, temperature, packaging, and
other factors. Changes in processing technology and marketing require
that the regulations governing poultry and rabbit grading be updated
from time to time.
A proposed rule to amend the voluntary poultry and rabbit grading
regulations was published in the Federal Register (62 FR 63471) on
December 1, 1997. Comments on the proposed rule were solicited from
interested parties until January 30, 1998. During the 60-day comment
period, the Agency received one comment. It was from a State department
of agriculture in support of the proposed changes.
Freedom from feathers is one of the factors considered in poultry
grading. In the definition Free from protruding pinfeathers, diminutive
feathers, or hairs (Sec. 70.1), the words ``pinfeathers'' and
``diminutive'' are removed. These words are no longer commonly used
when discussing feathers and poultry quality. Nor are they needed to
achieve the quality standards set by the regulations. To be consistent,
in the definition Ready-to-cook poultry, the word ``pinfeathers'' is
changed to ``feathers.''
The Agency will permit the use of alternative grademarks
(Sec. 70.51) so that processors wanting to use them can have additional
flexibility in packaging and marketing their products. Processors
wanting to use a USDA grademark to identify their consumer-pack USDA
graded poultry and rabbit products could use a new grademark that
contains horizontal bands of three colors. Processors who use USDA
Grade A poultry to produce specialized poultry products, for which
there are no U.S. grade standards, could use a ``Prepared From''
grademark on the
[[Page 40628]]
specialized poultry products. The section is also reorganized for
clarity.
The regulations contain a sampling plan to guide graders when they
select samples upon which to base grading decisions (Sec. 70.80(b)).
The sampling plan is changed so that the sample size more closely
reflects the size of the lot being sampled, thereby fostering a more
representative sample of each lot.
The regulations also specify the lighting intensity required at
grading stations in the processing plants (Sec. 70.110). The lighting
intensity is increased from 50-foot candles to 100-foot candles to
improve the graders ability to visually evaluate the products being
graded. This is the same intensity as that required by USDA's Food
Safety and Inspection Service at all of their inspection stations.
List of Subjects in 7 CFR Part 70
Food grades and standards, Food labeling, Poultry and poultry
products, Rabbits and rabbit products, Reporting and recordkeeping
requirements.
For reasons set forth in the preamble, Title 7, Code of Federal
Regulations part 70 is amended as follows:
PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS
1. The heading for part 70 is revised to read as set forth above:
2. The authority citation for part 70 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
3. In Sec. 70.1, the definition for Ready-to-cook poultry is
amended by removing the word ``pinfeathers'' and adding in its place
the word ``feathers'' and the definition for Free from protruding
pinfeathers, diminutive feathers, or hairs is revised to read as
follows:
Sec. 70.1 Definitions.
* * * * *
Free from protruding feathers or hairs means that a poultry
carcass, part, or poultry product with the skin on is free from
protruding feathers or hairs which are visible to a grader during an
examination at normal operating speeds. However, a poultry carcass,
part, or poultry product may be considered as being free from
protruding feathers or hairs if it has a generally clean appearance and
if not more than an occasional protruding feather or hair is evidenced
during a more careful examination.
* * * * *
4. Section 70.51 is revised to read as follows:
Sec. 70.51 Form of grademark and information required.
(a) Form of official identification symbol and grademark. (1) The
shield set forth in Figure 1 of this section shall be the official
identification symbol for purposes of this part and when used,
imitated, or simulated in any manner in connection with poultry or
rabbits, shall be deemed prima facia to constitute a representation
that the product has been officially graded for the purposes of
Sec. 70.2.
(2) Except as otherwise authorized, the grademark permitted to be
used to officially identify USDA consumer-graded poultry and rabbit
products shall be of the form and design indicated in Figures 2 through
4 of this section. The shield shall be of sufficient size so that the
printing and other information contained therein is legible and in
approximately the same proportion as shown in these figures.
(3) The ``Prepared From'' grademark in Figure 5 of this section may
be used to identify specialized poultry products for which there are no
official U.S. grade standards, provided that these products are
approved by the Agency and are prepared from U.S. Consumer Grade A
poultry carcasses, parts, or other products that comply with the
requirements of AMS Sec. 70.220. All poultry products shall be
processed and labeled in accordance with 9 CFR part 381.
(b) Information required on grademark. (1) Except as otherwise
authorized by the Administrator, each grademark used shall include the
letters ``USDA'' and the U.S. grade of the product it identifies, such
as ``A Grade,'' as shown in Figure 2 of this section. Such information
shall be printed with the shield and the wording within the shield in
contrasting colors in a manner such that the design is legible and
conspicuous on the material upon which it is printed.
(2) Except as otherwise authorized, the bands of the shield in
Figure 4 of this section shall be displayed in three colors, with the
color of the top, middle, and bottom bands being blue, white, and red,
respectively.
(3) The ``Prepared From'' grademark in Figure 5 of this section may
be any one of the designs shown in Figures 2 through 4 of this section.
The text outside the shield shall be conspicuous, legible, and in
approximately the same proportion and close proximity to the shield as
shown in Figure 5 of this section.
(c) Products that may be individually grademarked. The grademarks
set forth in Figures 2 through 4 of this section may be applied
individually to ready-to-cook poultry, rabbits, and specified poultry
food products for which consumer grades are provided in the U.S.
Classes, Standards, and Grades for Poultry and Rabbits, AMS 70.200 and
70.300 et seq., respectively, or to the containers in which such
products are enclosed for the purpose of display and sale to household
consumers, only when such products qualify for the particular grade
indicated in accordance with the consumer grades.
BILLING CODE 3410-02-P
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[GRAPHIC] [TIFF OMITTED] TR30JY98.000
BILLING CODE 3410-02-C
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5. In Sec. 70.80, the chart is revised to read as follows:
Sec. 70.80 General.
* * * * *
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Containers in lot Containers in sample
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1-4....................................... All.
5-50...................................... 4.
51-100.................................... 5.
101-200................................... 6.
201-400................................... 7.
401-600................................... 8.
For each additional 100 containers, or Include one additional
fraction thereof, in excess of 600 container.
containers.
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6. In Sec. 70.110, paragraph (b) is revised to read as follows:
Sec. 70.110 Requirements for sanitation, facilities, and operating
procedures in official plants.
* * * * *
(b) With respect to grading services, there shall be a minimum of
100-foot candles of light intensity at grading stations; and acceptable
means, when necessary, of maintaining control and identity of products
segregated for quality, class, condition, weight, lot, or any other
factor which may be used to distinguish one type of product from
another.
Dated: July 23, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-20321 Filed 7-29-98; 8:45 am]
BILLING CODE 3410-02-P
