[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48958-48960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24308]
[[Page 48957]]
_______________________________________________________________________
Part V
Department of Agriculture
_______________________________________________________________________
Food Safety and Inspection Service
_______________________________________________________________________
9 CFR Parts 381 and 441
Poultry Products Inspection Regulations: Continuous Chilling of Split
Poultry Portions; Final Rule
Poultry Chilling Performance Standards: Retained Water in Raw Meat and
Poultry Products; Proposed Rule
Federal Register / Vol. 63, No. 176 / Friday, September 11, 1998 /
Rules and Regulations
[[Page 48958]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 95-011F]
RIN 0583-AB95
Continuous Chilling of Split Poultry Portions
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: FSIS is amending the poultry products inspection regulations
to specify that the continuous immersion chilling of the front or rear
portions of transversely-split carcasses is permitted. The existing
regulations permit the continuous chilling of whole carcasses or
``major portions,'' including front or rear portions, resulting from
trimming or salvage. The final rule defines ``major portions'' to
include the front or rear portions of transversely-split carcasses,
without identifying the operation creating the portions. This change
will afford flexibility to poultry establishments in adopting efficient
production techniques, such as on-line carcass splitting, that meet
food safety performance standards. This final rule is compatible with
FSIS initiatives addressing fecal contamination and moisture absorption
of raw poultry products.
EFFECTIVE DATE: November 10, 1998.
FOR FURTHER INFORMATION CONTACT: Dr. Alice Thaler, Chief, Concepts and
Design Branch, Inspection Methods Development Division, Office of
Policy, Program Development, and Evaluation, (202) 720-3219.
SUPPLEMENTARY INFORMATION:
Background
The poultry products inspection regulations contain general and
specific requirements for the chilling of ready-to-cook poultry. The
current regulations (at 9 CFR 381.66(b)(2)) require that poultry
carcasses, and major portions of poultry carcasses, that is, ``parts of
major size, either front or rear portions, wherein the major portion of
the poultry carcass remains intact,'' be chilled to 40 deg.F. or lower
within a specific time, depending on the weight of the bird. The
regulations state that partial trimming and salvage of poultry
carcasses often result in these major portions (9 CFR
381.66(c)(2)(iv)). Trimming operations remove some part of a poultry
carcass. For example, a broken wing may be trimmed from a breast.
Salvage operations, on the other hand, are intended to save a portion
of the carcass by cutting it away from an unacceptable portion. An
example of a salvage procedure is the splitting of the carcass into
front and rear portions to save the breast portion while condemning the
rear portion that has become adulterated.
The regulations governing the chilling of poultry parts, including
the provisions addressing ``major portions,'' were intended to prevent
the marketing of products containing excessive moisture. Excessive
moisture is a form of economic adulteration . It can occur if, for
example, individual poultry parts, such as drumsticks, thighs, split
breasts, or split halves (carcasses split longitudinally along the
sternum into ``mirror image'' portions), are permitted to be cooled in
continuous immersion chillers. Under most current processing
conditions, such individual parts are likely to absorb more water than
``major portions.'' Under 9 CFR 381.66(c)(2)(iv), these individual
parts may be cooled only in the air, in ice, or under a spray of water
with continuous draining. The regulation does, however, permit whole
carcasses and major portions of carcasses to be cooled in continuous
chillers, provided that the moisture absorption limits prescribed in 9
CFR 381.66 are not exceeded.
The issue in this rulemaking is whether 9 CFR 381.66 should permit
the immersion chilling of split poultry portions that are created by
procedures other than trimming or salvage.
Establishments that have tested transversely-split-carcass
processing methods under FSIS supervision have achieved favorable
results in keeping water absorption low, in chilling product rapidly to
a safe temperature, and in maintaining product wholesomeness. Proper
application of these carcass splitting methods yields product that is
not adulterated, even though, like the whole carcass, the front or rear
portions of transversely-split carcasses absorb incidental amounts of
moisture when placed in continuous chillers. This is true whether the
portion was created by trimming, salvage operations, or a procedure
such as on-line carcass-splitting.
Nonetheless, 9 CFR 381.66 was developed during the late 1960's and,
on its face, it reflects the production and market conditions of that
period, when poultry industry operations were oriented primarily toward
the marketing of whole birds. At that time, the sale of poultry parts
constituted a minor segment of the raw poultry market. Consequently, it
does not make any provision for chilling of split carcasses produced by
means other than trimming and salvage.
FSIS tentatively determined that the regulatory provision for
chilling major portions should be revised to specifically include
transversely-split carcass portions, as described above, regardless of
the operation used to create the portions. On June 6, 1997, FSIS
proposed to amend the regulations to modify the definition of ``major
portion'' to include transversely-split-carcasses and carcasses from
which small pieces have been removed. The proposal was not intended,
however, to affect the existing regulatory restrictions on the chilling
of individual parts.
Comments on the Proposal
FSIS received six letters commenting on the proposal. Two were from
poultry processing companies, one was from a company that processes
both meat and poultry, and three were from trade associations.
One letter strongly objected to the proposal and suggested that it
be ``set aside,'' at least until the completion of rulemaking
addressing the larger regulatory issues concerning water absorption by
poultry. The other five letters supported the proposal in general but
suggested modifications to the proposal.
A poultry processor, an association representing the turkey
industry, and an association representing meat and poultry producers
and processors suggested that the scope of the proposed rule be
broadened to permit the continuous chilling of split halves and other
poultry parts. They argued that such a change would give greater
flexibility to, and encourage innovation by, the poultry industry;
would have the same advantages for the inspection service and food
safety as the proposal; and would be consistent with Agency policy to
reduce command-and-control regulations. They also pointed out that
regulations limiting retained moisture would continue to apply to
continuously chilled parts. The meat and poultry association said there
should be a single standard for incidental moisture, without regard to
poultry portion or part.
The two poultry processors and the turkey association also
requested that the Agency consider amending the regulations to reduce
the minimum amount of fresh water intake per bird in continuous
immersion chillers. They argued that because major portions are smaller
than whole birds, the required minimum gallons of fresh water per bird
should be proportionally reduced. The turkey association also asserted
that the current regulations permit the
[[Page 48959]]
adjustment of fresh water intake according to the proportion of the
carcass chilled. Elsewhere in this issue of the Federal Register, FSIS
is proposing new moisture-retention requirements for raw meat and
poultry products and changes in the regulations on poultry chilling
that include removing the required minimum amount of fresh water intake
per bird.
The letter objecting to the proposed rule was submitted by three
associations representing, respectively, cattle producers and beef
establishments, pork producers, and the sheep industry. These
associations called the proposal ``inappropriate'' and asked that it be
``set aside'' pending a rulemaking on retained water in poultry
products. They presented four arguments for their position: (1) that
the proposal would increase the percentage of poultry products subject
to immersion chilling and to what the associations view as excess water
absorption; (2) that the Agency did not provide data concerning the
amount of water absorbed by transversely-split carcasses; (3) that the
Agency is affording additional flexibility to poultry establishments
while restricting beef processors using spray chill systems to zero-
percent carcass weight gain from water retention; and (4) that, before
proceeding with a rulemaking on the chilling of split poultry portions,
FSIS should amend the regulations on water retention by poultry
products that were set aside July 23, 1997, by order of a Federal
district court in Kenney v. Glickman. As mentioned, elsewhere in this
issue of the Federal Register, FSIS is proposing new retained-water
requirements for raw meat and poultry products.
As noted in the preamble, the proposal clarifying the regulations
regarding the chilling of transversely-split carcasses. (62 FR 31019).
It was developed to address an issue concerning the interpretation of
regulations governing the chilling of ``parts of major size'' or
``major portions'' of poultry resulting from trimming or salvage. Some
persons had interpreted the regulations as not permitting the
continuous chilling of major portions that did not result from trimming
or salvage operations (62 FR 31018). To correct that interpretation,
FSIS proposed to amend the regulations to specify that the immersion
chilling of major portions is permitted, regardless of whether the
portions were the result of trimming, salvage, or other handling of
carcasses. It proposed to define ``major portions'' to include
transversely-split poultry carcasses.
The suggestion that the regulations be further amended to permit
the continuous chilling of split halves and other poultry parts may
have merit and perhaps should be considered, but it is outside the
scope of this rulemaking. FSIS was able to determine that methods used
in continuously chilling transversely-split poultry portions yield
product that complies with the water absorption and retention
regulations. As indicated in the preamble to the proposal (62 FR
31019), establishments using such methods under FSIS supervision
achieved favorable results in keeping water absorption low. Because the
Agency had observed the application of these processing methods to the
chilling of transversely-split portions, and because the portions so
processed were consistently in compliance with the regulations
controlling retained moisture, the Agency believed there was a sound
basis for proposed rule.
In sum, the purpose of this rulemaking is to clarify the meaning
and applicability of the existing regulations with respect to the
chilling of major portions. The Agency has significant evidence to
support this clarification. The commenters' request to permit the
continuous chilling of all kinds of poultry parts is outside the scope
of this rulemaking. While this issue may warrant consideration in a
future rulemaking, it is not appropriately before the Agency in this
proceeding.
The Agency did not intend to address, in the rulemaking, the
possiblity of changing the required minimum fresh water intake for
continuous chillers. This issue is outside the scope of the rulemaking
that the Agency instituted with the June 6, 1997, proposal.
Regarding the comments by the three livestock associations opposing
the proposed rule, FSIS responds as follows:
(1) As noted above, the purpose of this rulemaking is to clarify
the existing regulation, not to expand the percentage of product that
would be able to absorb moisture during the chilling process. In fact,
as noted in the third point of our response below, the proposed could
result in less immersion-chilled product. The proposal was developed to
address an issue concerning the interpretation of regulations governing
the chilling of ``parts of major size'' or ``major portions'' of
poultry resulting from trimming or salvage.
(2) The Agency based the proposal on findings that continuously
chilled transversely-split portions are in compliance with retained
moisture requirements. As noted in the preamble to the proposal,
results of in-plant trials of transversely-split carcasses processed
under FSIS supervision showed that product was chilled rapidly to a
safe temperature, and that water absorption was within the limits
established by the Agency's regulations. The Agency had sufficient
retained-moisture data from these trials to make an informed decision
on the continuous chilling of transversely-split carcass portions. The
data was available for viewing in the FSIS Docket Room during the
public comment period.
(3) It is true that the proposal concerned only a limited class of
poultry products, and that efficiency gains would be realized only by
poultry establishments. However, the limited scope of the proposal does
not preclude future consideration of changes that would address a wider
range of meat and poultry products. (As previously mentioned, a
proposed rule on poultry chilling standards and retained moisture in
raw meat and poultry products is being published elsewhere in this
issue of the Federal Register.)
The efficiency gains foreseen by the Agency would result primarily
from the use of automation and large-scale processing techniques to
make front and rear portions available for a variety of uses. For
example, the use of the rear, dark-meat portions, for processing into
such products as turkey salami and turkey ham, was discussed in the
preamble (62 FR 31018). An efficiency gain sought with respect to these
dark-meat portions would involve routing them past the immersion
chilling step altogether (62 FR 31018). The front, or white-meat
portions, on the other hand, would be permitted to enter the continuous
chillers. Since the rear portions constitute 40% of carcass weight,
potentially 40% less turkey would be chilled.
(4) While the U.S. District Court's order in Kenney v. Glickman set
aside the moisture retention limits for all classes of poultry to be
marketed as whole birds (9 CFR 381.66(d)(2)), the requirement to
minimize moisture absorption and retention at the time of packaging (9
CFR 381.66(d)(1)) was left in place, as were the moisture absorption
and retention limits for poultry intended to be cut up and for ice-
packed poultry (9 CFR 381.66(d)(3)-(5)). Thus, the moisture retention
limits that would apply to transversely-split poultry portions were
left in place by the Court's order. Split poultry portions are intended
to be routed to cut-up or further processing operations and obviously
cannot be marketed as whole birds.
[[Page 48960]]
The Final Rule
This final rule concerns the application of existing moisture
retention standards to transversely-split carcass portions, rather than
the standards, themselves. Elsewhere in this issue of the Federal
Register, FSIS is publishing a proposal that addresses the limits on
moisture absorption and retention in raw meat and poultry carcasses and
parts.
This final rule is limited to clarifying the regulations to
accommodate the processing of transversely-split poultry carcasses. The
rule amends the chilling requirement at Sec. 381.66(b)(2) to apply both
to whole carcasses and to major portions, as defined at proposed
Sec. 381.170(b)(22), which includes transversely-split carcasses. FSIS
is amending Sec. 381.66(b)(2) to refer to the new Sec. 381.170(b)(22)
rather than to Sec. 381.66(c)(2)(iv).
The final rule also amends Sec. 381.66(c)(2)(iv) by removing the
word ``carcasses'' from the term ``split carcasses'' and replacing it
with ``halves.'' As mentioned previously, ``split halves'' is a term
widely used in the poultry industry to denote the left and right halves
of a poultry carcass divided lengthwise. (i.e., carcasses split
longitudinally along the sternum into ``mirror image'' portions). The
amended paragraph continues to prohibit the continuous chilling of
split halves.
FSIS will continue to require establishments creating transversely-
split carcass to meet the same moisture absorption and retention limits
as for whole carcasses. These limits are set forth in 9 CFR
Sec. 381.66(d)(3), Table 3, and Sec. 381.66(d)(4)(ii).
Finally, a new paragraph Sec. 381.170(b)(22) defines ``major
portions'' as carcasses from which small parts may be missing or the
front or rear portions of transversely split carcasses. As mentioned,
the amended Sec. 381.66(b)(2) refers to this new definition.
Executive Order 12866
This final rule has been determined to be not significant and was
not reviewed by the Office of Management and Budget under Executive
Order 12866.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. States and local jurisdictions are preempted by
the Poultry Products Inspection Act (PPIA) from imposing any marking or
packaging requirements on federally inspected poultry products that are
in addition to, or different than, those imposed under the PPIA. States
and local jurisdictions may, however, exercise concurrent jurisdiction
over poultry products that are outside official establishments for the
purpose of preventing the distribution of poultry products that are
misbranded or adulterated under the PPIA, or, in the case of imported
articles, which are not at such an establishment, after their entry
into the United States.
This final rule is not intended to have retroactive effect.
There are no applicable administrative procedures that must be
exhausted prior to any judicial challenge to the provisions of this
rule. However, the administrative procedures specified in 9 CFR
Sec. 381.35 must be exhausted prior to any judicial challenge of the
application of the provisions of this proposed rule, if the challenge
involves any decision of an FSIS employee relating to inspection
services provided under the PPIA.
Effect on Small Entities
The 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).
This final rule will not impose any additional requirements on poultry
processors. Compliance with this final rule is voluntary; poultry
processors that intentionally split poultry carcasses into major
portions as a result of a trimming or salvage operation do not have to
cool the product using ice and water in a continuous chiller. They may
cool major portions using air, ice, or under a spray of water with
continuous drainage. Poultry processors opting to chill major parts
resulting from production techniques such as on-line carcass-splitting
could do so in a continuous ice and water chiller. This would allow
them to appropriately handle the separated carcass portions immediately
after splitting. The white meat portion could immediately be chilled to
the proper temperature for further processing or direct sale to
consumers, while the dark meat portion, which is usually processed,
could be directly deboned and used in further processed cooked
products.
List of Subjects in 9 CFR Part 381
Poultry and poultry products.
For the reasons set forth in the preamble, FSIS is amending 9 CFR
part 381, as follows:
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
1. The authority citation for part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR
2.18, 2.53.
2. Section 381.66 is amended by revising the first sentence of
paragraph (b)(2); by removing the first and second sentences of
paragraph (c)(2)(iv) and adding in their place one sentence; and, in
the last sentence of (c)(2)(iv), by removing the words ``from salvage
operations,'' and by replacing the word ``carcasses'' with the word
``halves'' to read as follows:
Sec. 381.66 Temperatures and chilling and freezing procedures.
* * * * *
(b) * * *
(2) Major portions of poultry carcasses, as defined in
Sec. 381.170(b)(22), and poultry carcasses shall be chilled to 40 deg.
F. or lower within the following specified times: * * *
* * * * *
(c) * * *
(2) * * *
(iv) Major portions of poultry carcasses, as defined in
Sec. 381.170(b)(22), may be chilled in water and ice, including
chilling in continuous chillers. * * *
* * * * *
3. Paragraph (b)(22) is added to Sec. 381.170 to read as follows:
Sec. 381.170 Standards for kinds and classes, and for cuts of raw
poultry.
* * * * *
(b) * * *
(22) ``Major portions'' of eviscerated poultry carcasses are either
carcasses from which parts may be missing, or the front or rear
portions of transversely-split carcasses.
Done at Washington, DC, on September 3, 1998.
Thomas J. Billy,
Administrator.
[FR Doc. 98-24308 Filed 9-8-98; 12:22 pm]
BILLING CODE 3410-DM-P
