[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Proposed Rules]
[Pages 62271-62273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30569]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 319
[Docket No. 97-030A]
RIN 0583-AC41
Labeling Standards for Ovine Carcasses, Parts of Carcasses, Meat
and Meat Food Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: Pursuant to a requirement in the Farm Bill of 1996, the
Department is issuing this advance notice of proposed rulemaking to
determine the type of labeling standards it should establish for lamb
and mutton and their meat food products. The principal issue of concern
in the marketing of sheep is the identification, for the benefit of
consumers, of the higher valued lamb carcasses compared to the lower
valued mutton and sheep carcasses. One of the key elements of this
issue is the attributes that give lamb meat products this higher value,
such as flavor, texture, moisture, color, mouth feel, or portion size.
ADDRESSES: Please send an original and two copies of written comments
to FSIS Docket Clerk, Room 102 Cotton Annex, 300 12th Street, SW,
Washington, DC 20250. Copies of USDA guidance material cited in this
notice are available for review in the FSIS Docket Room. All comments
submitted in response to this advance notice of proposed rulemaking
will be available for public inspection in the FSIS Docket Room, Room
102 Cotton Annex from 8:30 a.m. to 4:30 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Dr. Alfred Liepold, Food Technologist,
Regulations Development and Analysis Division, Office of Policy,
Program Development and Evaluation, Food Safety and Inspection Service,
U.S. Department of Agriculture, Washington, DC 20250; (202) 205-0292.
SUPPLEMENTARY INFORMATION:
Background
Section 279 of H.R. 2854--Federal Agriculture Improvement and
Reform Act of 1996 (Farm Bill) (Pub. L. 104-127, 4/4/96) reads as
follows:
SEC 279. LABELING OF DOMESTIC AND IMPORTED LAMB AND MUTTON
Section 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is
amended by adding at the end the following:
``(f) LAMB AND MUTTON.--The Secretary, consistent with United
States international obligations, shall establish standards for the
labeling of sheep carcasses, parts of carcasses, sheepmeat and
sheepmeat food products.''
According to the legislative history (House Conference Report, No.
104-494), this provision originated in a Senate provision which also
stated that the standard to be used was to be based on the break or
spool joint method to differentiate lamb from mutton by the degree of
calcification of bone to reflect maturity. Immature mammals have long
bones composed of three bony parts--a central bony shaft and two bony
plates, one at each end. The three parts are joined by cartilage and,
as the animal grows more cartilage is formed and some of the existing
cartilage turns to bone. As the animal matures enough of the cartilage
turns to bone so that the three bony parts fuse into one. So long as
the animal is immature, the bony plate at the end of the bone can be
cleanly broken through the cartilage between the shaft and the end
plate, leaving clean bone surfaces on both sides of the break. This is
the break joint; the one used on lambs is the metacarpal bone of the
foreleg between the shaft and the plate nearest the hoof. Industry
terms for the metacarpal bones are canon bones or trotters. Once the
bone fuses and will not cleanly separate, it is called a spool joint.
It is not a true joint.
This spool joint criterion of the Senate Bill did not carry through
to the Farm Bill. Accordingly, the Secretary may prescribe objective
criteria, or, in accordance with the regulatory reform initiative,
specify the end to be achieved (performance standard), and allow
producers to develop their own criteria to meet these performance
standards.
Prior Grading Standards
In the past, the Agricultural Marketing Service (AMS) published two
standards voluntarily regulating the marketing of sheep, lamb, and
yearling carcasses and their meat food products on the basis, among
other things, of age and/or maturity. These two publications were
titled ``Official United States Standards for Grades of Slaughter
Lambs, Yearlings and Sheep'' and ``Official United States Standards for
Grades of Lamb, Yearling Mutton, and Mutton Carcasses.''
The purpose of these voluntary grading standards was to develop and
establish efficient marketing methods and practices for agricultural
commodities so that consumers could obtain the quality of product they
desire at a reasonable cost. The grade standards were developed to
provide uniform language to describe the characteristics of many meat
food commodities in the marketplace. However, rapid changes in consumer
preferences together with associated changes in commodity
characteristics, processing technology, and marketing practices
outpaced the issuance of regulatory modifications or revisions, leaving
the marketplace burdened with outdated grading standards. Therefore, in
line with the President's regulatory review initiative, the standards
were removed from Volume 7 of the Code of Federal Regulations on
December 4, 1995, but have been kept available as guidelines in
pamphlet form.
In the publication containing the grade standards for slaughter
lambs, yearlings, and sheep, the term lamb is defined as: ``A lamb is
an immature ovine, usually under 14 months of age, that has not cut its
first pair of incisor teeth.'' The term yearling is defined as: ``A
yearling is an ovine usually between one and two years of age that has
cut its first pair of permanent incisor teeth but has not cut the
second pair.'' The term sheep is defined as: ``A sheep is an ovine ,
usually over 24 months of age, that has cut its second pair of
permanent incisor teeth.''
In the publication containing the grade standards for lamb,
yearling mutton, and mutton carcasses where the head is not available,
the following criteria are used. Typical lamb carcasses tend to have
slightly wide and
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moderately flat rib bones and a light red color and a fine texture of
lean. By contrast, typical yearling mutton carcasses have moderately
wide rib bones which tend to be flat and a slightly dark red color and
coarse texture of lean.
The AMS standard recites that, in the dressing of ovine carcasses,
both front cannon bones (trotters) normally are left attached to the
carcass although in some instances, one or both trotters may be
removed. If present, trotters will terminate in perfect break joints
(all ridges forming the break joints are intact and well defined),
imperfect break joints or spool joints. For determining the maturity of
ovine carcasses, an imperfect break joint is considered the same as a
spool joint and it is assumed that there was a spool joint on any
missing trotter. These variations, as indicated by the following
guidelines, are important considerations in determining whether a
carcass is classed as lamb, yearling mutton, or mutton.
A carcass with perfect break joints on both trotters will be
classed as lamb or yearling mutton based on its other evidences of
maturity.
A carcass with spool joints on both trotters will be classed as
yearling mutton or mutton based on its other evidences of maturity.
Mutton carcasses always have spool joints on both front trotters.
A carcass which has a perfect break joint on one trotter and has
either (1) a spool joint on the other trotter, or (2) has had the other
trotter removed, will be classed as a lamb if its other maturity
characteristics are not more advanced than described in the grade
specifications as typical of the more mature lamb group. Otherwise,
such carcasses will be classed as yearling mutton. Maturity within the
lamb class shall be based on the combination of lean and all skeletal
characteristics.
Except for the above referenced considerations given to break
joints and spool joints, when making other maturity evaluations, more
consideration is given to the characteristics of the flesh than is
given to the characteristics of the skeleton.
Question Concerning New Grading Standards
The criteria stated above are those used by AMS to distinguish the
more valued lamb meat from the less valued meat of older ovines. The
standards have been voluntary; the costs to secure grading by an
authorized USDA employee have been paid for by the person requesting
the service. By and large, the only grading used has been that for
``lamb.'' If one were to set up a labeling standard and permit the
marketplace to determine its own methods of objectively identifying
lamb carcasses so that they were acceptable to buyer and seller, the
goal of identifying the more valued meat might be achieved by more
simple and less costly means. One of the necessities of such a labeling
standard would be to determine the desirable attributes that make lamb
meat more valuable and whether these attributes can be determined
directly and objectively. If lamb is a more desirable meat than mutton
because of its attributes, e.g., it is more moist, has a finer texture,
or a different chewy feeling, then some type of analysis may be able to
determine objective data concerning moisture and chewiness. If the
increased desirability of lamb meat results from lighter color, milder
flavor, or the size of the portions, such as lamb chops, a colorimetric
test may be devised. On the other hand, flavor is too subjective to be
easily used for grading purposes; and too many variables other than
maturity can influence portion size to make that factor of much value.
AMS has continued to grade lamb and mutton (sheep) carcasses, using
the same grades as before the regulation change. The grading is on a
voluntary basis, so the fact that the standards have been removed from
the regulations has not affected such grading. As a practical matter,
producers of lamb that they think will achieve U.S. Prime or Choice
will have such lamb officially graded by AMS meat graders. But, since
the program is voluntary, producers will not have other grades and
classes of ovines graded. Further, although neither FSIS nor AMS has a
definition of the word ``lamb'' in the regulations, when the term
``lamb'' is used on a federally inspected meat food product, the
product must come from meat that meets the definition of ``lamb'' in
the AMS standards. It is clear that if new standards are developed,
they could differ from the current voluntary AMS grading standards.
This situation raises a number of practical questions: Should FSIS
issue new grading standards or should AMS reissue the AMS standards in
the regulations? If the standards are reissued, should compliance with
such standards remain voluntary? Should the standards include the
standard for yearling mutton, as the old AMS standard did? What
criteria should FSIS use, if not the old AMS ones? Should FSIS only use
some of these criteria, other criteria, some combination of these and
other criteria, or performance standards? What would be the economic
and other regulatory impacts of new standards on producers and
processors?
According to a representative of the New Zealand Meat Producers
Board, the break joint method of determining maturity is not used in
Australia or New Zealand and would be considered a ``thinly veiled
attempt to erect a non-tariff trade barrier.'' The New Zealand
representative states that the only appropriate method of defining lamb
is to use a definition accepted throughout the world, namely; ``young
sheep under 12 months with no permanent incisors in wear.'' Some U.S.
authorities agree with the foreign comments that the break-joint method
is not sufficiently reliable.1 However, the New Zealand
definition differs from the AMS standards in the use of the term ``in
wear'' and, more importantly, in the situation where there is no head
on the carcass, the teeth method of defining is not viable. One issue
there is whether the U.S. should accept the principle of grading in the
export country, using the teeth method?
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\1\ Field, Ray A., University of Wyoming, Letter to Rosemary
Mucklow, Western States Meat Association, 6/1/94.
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Other practical issues exist raised by the Farm Bill directly or
indirectly, but not specifically mentioned in it; FSIS would appreciate
any comments on these issues also: Attempts have been made in the past
to label young ovine carcasses which had not been graded and which
possibly do not meet the lamb criteria as ``no-roll lamb,'' meaning
that the grade markings have not been applied, or rolled on, the
carcasses. The Agency considered this misbranding, since the phrase
included the term ``lamb'' which could be inapplicable. Should this
policy be changed? Also should the nomenclature for carcasses of one to
two year old ovines be changed as has been requested from ``yearling
mutton'' to ``yearling lamb?'' At present this also is considered
misbranding. Further, although there is no definition for ``lamb'' in
the regulations, FSIS, in 9 CFR 317.8 (b)(4) does define the term
``spring lamb'' or ``genuine spring lamb'' as applicable only to
carcasses of new-crop lambs slaughtered during the period beginning in
March and terminating not beyond the close of the week containing the
first Monday of October. Should this present definition of ``spring
lamb;'' be changed, deleted, or added to the standard? Also, as a
matter of FSIS policy, sheep brains, hearts, and tongues are considered
practically indistinguishable from lamb brains, hearts, and tongues,
respectively; therefore, these articles from ovine carcasses may be
designated as either sheep or lamb. Should this be changed?
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If the U.S. requires the grading of lambs, and, at the same time,
permits the grading of imported lambs in the country of origin by
officials of that country, the economic effects of such a compulsory
grading standard on the exporting country would be lessened. If this is
not permitted, the country would have to leave the bone ends on the
trotters, a practice which is not routine at the present time. This
would mean a change in the slaughter technique in the originating
country, an increase of a few ounces in the shipping weight of each
carcass, and an increased cost of having each imported carcass graded
at producer expense by U.S. Department of Agriculture personnel. It
appears that such mandatory grading would not materially affect the
number of imported lambs, since imported lambs tend to be younger than
domestic ones at time of slaughter. Under a required grading program,
domestic stock would also have to be graded and some domestic producers
may consider this an undesirable requirement.
Any further information on these or other economic or regulatory
impacts would be welcome. If there are related issues not mentioned,
but relevant, any information or comments on such issues should also be
submitted for evaluation.
Done at Washington, D.C., on November 14, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-30569 Filed 11-20-97; 8:45 am]
BILLING CODE 3410-DM-P
