[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Proposed Rules]
[Pages 14668-14669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6817]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 60, No. 53 / Monday, March 20, 1995 /
Proposed Rules
[[Page 14668]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 94-022E]
RIN 0583-AB86
Use of the Term ``Fresh'' on the Labeling of Raw Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule; extension of comment period; solicitation of
comments.
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SUMMARY: On January 17, 1995, the Food Safety and Inspection Service
(FSIS) proposed to amend the Federal poultry products inspection
regulations to prohibit the use of the term ``fresh'' on the labeling
of raw poultry products whose internal temperature has ever been below
26 deg. F. FSIS is extending the comment period on the proposal for 60
days in order to: Allow time for public review and comment on the
findings of the Agriculture Research Service's (ARS) evaluation of the
sensory, chemical, and physical properties of raw poultry products that
have been exposed to and held at temperatures from 0 deg. F to 40 deg.
F; allow the National Advisory Committee on Microbiological Criteria
for Foods the opportunity to comment on the proposed rule; and solicit
public comments on options for reconciling the FSIS proposal to require
a ``previously frozen'' disclosure on product whose internal
temperature has ever been below 26 deg. F with existing FSIS
regulations that require poultry labeled as ``frozen'' to have been
chilled to an internal temperature of 0 deg. F or below.
DATES: Comments must be received on or before May 19, 1995.
ADDRESSES: Submit written comments in triplicate to Diane Moore, Docket
Clerk, Room 3171, South Building, Food Safety and Inspection Service,
U.S. Department of Agriculture, Washington, DC 20250. Oral comments
should be directed to Mr. Charles R. Edwards, (202) 254-2565.
FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director, Product
Assessment Division, Regulatory Programs, Food Safety and Inspection
Service, U.S. Department of Agriculture, Washington, DC 20250, Area
Code (202) 254-2565.
SUPPLEMENTARY INFORMATION: On January 17, 1995, FSIS published a
proposed rule (60 FR 3454) to amend the Federal poultry products
inspection regulations to prohibit the use of the term ``fresh'' on the
labeling of raw poultry products whose internal temperature has ever
been below 26 deg. F. The proposal would require such poultry products
to be labeled with a descriptive term reflecting the fact that the
product had been ``previously frozen.'' The proposed action would help
ensure that poultry products distributed to consumers are not labeled
in a false or misleading manner and are not misbranded. Such action
would also meet consumer expectations that the term ``fresh'' should
not be applied to raw poultry products that have been subjected to
processes that would cause such products to become chilled to
temperatures below 26 deg. F.
Interested persons were given until March 20, 1995, to submit
comments on the proposed regulatory amendments. FSIS has received
requests from two trade associations to extend the comment period for
the proposed rule. The trade associations have requested that FSIS
extend the comment period to allow the public time to obtain and review
the findings of the Agricultural Research Service's (ARS) evaluation of
the sensory, chemical, and physical properties of raw poultry products
that have been exposed to and held at temperatures from 0 deg. F to
40 deg. F, with respect to their written comments on the proposed rule.
The ARS report was not available for public review in the FSIS Docket
Clerk's office at the time the ``fresh'' labeling proposal was
published and, thus, its availability was not stated in the rulemaking
docket. The report is now available for public review in the FSIS
Docket Clerk's office, and FSIS concludes it is reasonable to allow
additional time for interested parties to obtain, review, and comment
on it.
Further, FSIS has previously stated its intention to seek comments
from the National Advisory Committee on Microbiological Criteria for
Foods on the Agency's conclusion stated in the preamble to the proposed
rule that ``there should be no increased microbiological safety risks
associated with the growth of pathogenic microorganisms,'' by changing
the labeling definition for ``fresh'' poultry. The next meeting of the
Committee will be held in mid-April and, thus, an extension of the
comment period is necessary to allow the Committee's views to be
received within the comment period.
Finally, in this notice, FSIS is soliciting comments on options for
reconciling the element of its ``fresh'' labeling proposal that would
require product whose internal temperature has ever been below 26 deg.
F to bear a ``previously frozen'' disclosure with existing FSIS
regulations (9 CFR 381.129(b)(3) and 381.66(f)(2)) that require poultry
labeled as ``frozen'' to have been chilled to an internal temperature
of 0 deg. F or below. Under the proposal, product chilled to an
internal temperature of 0 deg. F or below could be labeled as
``frozen'' or ``previously frozen,'' as the case may be.
FSIS has received a comment noting the conflict between the
proposal and the existing regulatory definition of ``frozen.'' FSIS is
aware that the products directly affected by its ``fresh'' labeling
proposal, which are frequently frozen to temperatures in the range of
20 deg. F to 25 deg. F and sold in a thawed state have different
attributes than product frozen to an internal temperature of 0 deg. F
or below. The product chilled to temperatures in the range of 20 deg. F
to 25 deg. F is hard-to-the-touch and thus ``frozen'' in common
consumer parlance, even though only about 80 percent of the water in
that product is frozen. Further, although the product exhibits a longer
shelf life than product held at higher temperatures, e.g., 28 deg. F to
32 deg. F, the product will spoil in several weeks. In the product
frozen to 0 deg. F or below, over 99 percent of the water in the
product is in a frozen state, microbial growth is stopped, and the
product can last a year or more, depending on packaging and storage
temperature, without discernable quality changes. The purpose of the
existing definition of ``frozen'' is to ensure that poultry products
labeled simply as ``frozen'' would be suitable for long-term storage
and subsequent use. The terms [[Page 14669]] ``frozen,'' as currently
defined in FSIS regulations, and ``previously frozen,'' as proposed by
FSIS for use on poultry products held below 26 deg. F and subsequently
sold in a thawed state, both would provide truthful and useful
information to consumers. FSIS is concerned that the existence of two
definitions which make use of the word ``frozen'' could be confusing to
industry and consumers. FSIS believes that the existing definition and
the Agency's proposed use of the term ``previously frozen'' need to be
reconciled. The Agency invites comments on how this can be
accomplished. FSIS has identified three possible options as follows:
a. Use a term or phrase other than ``previously frozen'' to
identify products in the temperature range from above 0 deg. F to below
26 deg. F. In its proposed rule, FSIS requested comments on other
descriptive terms to describe the nature of the product. However, as of
this time, no satisfactory substitute terms have been suggested. FSIS
has identified other possible terms that do not use the unqualified
word ``frozen.'' Such terms include: ``previously semi-frozen,'' ``held
semi-frozen,'' ``previously partially frozen,'' ``previously chilled to
semi-solid state,'' ``shipped/stored/handled semi-frozen (insert
optional statement, e.g., to preserve quality),'' or ``previously
frosted.'' FSIS continues to be interested in receiving comments on
alternate terms including those that do not contain the unqualified
word ``frozen.''
b. Eliminate the current requirement that poultry products labeled
as ``frozen'' must be brought to an internal temperature of 0 deg. F or
below and require use of the term ``frozen'' to identify all poultry
products whose internal temperature has ever been below 26 deg. F. This
option would eliminate any confusion that might be caused by having
more than one temperature associated with products whose labels make
use of the word ``frozen,'' and satisfy the need to label appropriately
all products that have been chilled to the point where they are hard-
to-the-touch. Such action would in no way prevent manufacturers from
continuing current practices regarding freezing to 0 deg. F for long-
term storage or from making supportable claims about the storage life
or appropriate ``use by'' date for their products. However, such action
might require adjustment in government and industry purchasing
standards, codes of practice, or product specifications that evolved
from the current freezing regulations. FSIS does not believe that
elimination of the 0 deg. F requirement for labeling a product
``frozen'' would pose a safety concern. However, purchasers who expect
that a product was frozen for long-term preservation based on use of
the term ``frozen'' on the labeling might be misled in the absence of
explanatory labeling, if the shelf life and quality differs from
products frozen to 0 deg. F or below because the product was not
actually brought to such low temperatures.
c. Use the proposed term ``previously frozen'' on labeling of
products with internal temperatures above 0 deg. F and below 26 deg. F
but require use of a term other than ``frozen'' or ``previously
frozen'' on the labeling of products that are frozen to 0 deg. F or
below. The latter products could be labeled with a phrase such as
``frozen for long-term preservation'' in order to distinguish them
clearly from chill pack products whose temperatures were at one time in
the lower 20-degree Fahrenheit range. This labeling option
differentiates the two types of frozen products so that the product
labeled ``previously frozen'' would not be confused with the deep-
frozen product. The descriptive term for the 0 deg. F product reflects
the purpose of the processing procedure and can be linked to the
special qualities associated with these products.
FSIS is interested in receiving comments on these options and any
others that would appropriately reconcile the existing definition of
``frozen'' and the proposed use of the term ``previously frozen.''
For all these reasons, FSIS is extending the comment period on its
``fresh'' labeling proposal for 60 days. The comment period will close
May 19, 1995.
Done at Washington, DC, on: March 15, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-6817 Filed 3-17-95; 8:45 am]
BILLING CODE 3410-DM-P
