[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63471-63473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31178]
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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. 230 / Monday, December 1, 1997 /
Proposed Rules
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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: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend the
regulations governing the voluntary poultry and rabbit grading
programs. The proposed revisions would 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 poultry
processing technology. This rule updates the regulations to reflect
these changes.
DATES: Comments must be received on or before January 30, 1998.
ADDRESSES: Send written comments to Douglas C. Bailey, Chief,
Standardization Branch, Poultry Division, Agricultural Marketing
Service, U.S. Department of Agriculture, Stop 0259, 1400 Independence
Avenue, SW, Washington, D.C. 20250-0259. Comments received may be
reviewed at this location between 8:00 a.m. and 4:30 p.m., Eastern
Time, Monday through Friday, except holidays. State that your comments
refer to Docket No. PY-97-004.
FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch,
202-720-3271.
SUPPLEMENTARY INFORMATION: This proposed 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 proposed 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 would be 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'' would be
changed to ``feathers.'' These changes merely reflect current practices
and should not have any additional economic impact on entities using
voluntary poultry grading services.
One proposal would allow poultry and rabbit processors to use a
shield displayed in three colors as an alternative form of the USDA
grademark to officially identify USDA graded products. Similarly,
another proposal would allow producers of products originating from A
quality poultry, for which there are no U.S. grade standards, to use a
``Prepared From'' grademark on packaging materials. These proposals
would give processors greater flexibility in packaging and marketing
their products. Since it is at the processors' discretion to use these
proposals, any economic impact caused by these proposals will be by the
choice of the processors.
Changing the sampling plan would 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
would enhance the grader's ability to visually evaluate products. Both
proposals would 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
would have no economic impact on small entities.
Background and Proposed Changes
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. Changing processing technology requires that the
regulations governing poultry and rabbit grading be updated.
Freedom from feathers is one of the factors considered in poultry
grading. The definition Free from protruding pinfeathers, diminutive
feathers, or hairs (Sec. 70.1) would be revised by removing the words
``pinfeathers'' and ``diminutive.'' 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'' would be changed to ``feathers.''
The Agency is proposing to permit the use of alternative grademarks
(Sec. 70.51) so processors 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 would have the option of using the current grademark or
a proposed grademark containing 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, would be
permitted to use a ``Prepared From'' grademark on the specialized
products. The proposal would also reorganize the section for clarity.
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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 would be 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 would be 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 required by USDA's Food Safety and
Inspection Service at all of their inspection stations.
Effective December 4, 1995, the voluntary U.S. grade standards were
removed from the Code of Federal Regulations (CFR) as part of the
National Performance Review program to eliminate unnecessary
regulations and to improve those that remain in force. The voluntary
standards will continue to be administered by AMS and will maintain
their existing numbering system. Hence the voluntary poultry and rabbit
grade standards are referred to as AMS 70.200 et seq. and AMS 70.300 et
seq., respectively.
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.
Accordingly, under the authority of Title 7, Chapter I, it is
proposed that 7 CFR part 70 be 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.
1a. The authority citation for part 70 continues to read as
follows:
Authority: 7 U.S.C. 1621-1627.
2. 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.
* * * * *
3. Section 70.51 would be 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 grade marked. 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
Secs. 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.
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BILLING CODE 3410-02-C
4. In Sec. 70.80, the table would be 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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5. In Sec. 70.110, paragraph (b) would be 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: November 20, 1997.
Thomas A. O'Brien,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 97-31178 Filed 11-28-97; 8:45 am]
BILLING CODE 3410-02-P
