[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Proposed Rules]
[Pages 20130-20131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10679]
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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. 80 / Friday, April 25, 1997 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 319
[Docket No. 96-040P]
RIN 0583-AC29
Use of Binders in ``Ham With Natural Juices'' Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
permit the use of binders in ``Ham with Natural Juices'' products. FSIS
currently permits the use of certain binders in cured pork products
labeled ``Ham Water Added'' and ``Ham and Water Product--X% of Weight
is Added Ingredients.'' FSIS is proposing this action in response to a
petition submitted by Hormel Foods Corporation, requesting the Agency
to allow modified food starch (or ``food starch, modified'') to be used
as a binder in ``Ham with Natural Juices'' products, in an amount not
exceeding 2 percent of product formulation, to prevent purging of the
brine solution, thereby retaining product moisture and enhancing
texture.
DATES: Comments must be received on or before June 9, 1997.
ADDRESSES: Send an original and two copies of comments to: FSIS Docket
Clerk, DOCKET #96-040P, Room 3806, 1400 Independence Avenue, SW,
Washington, DC 20250-3700. Reference materials cited in this document
and any comments received will be available for public inspection in
the FSIS Docket Room from 8:30 a.m. to 1:00 p.m. and from 2:00 p.m. to
4:30 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Edwards, Director,
Facilities, Equipment, Labeling and Compounds Review Division, Office
of Policy, Program Development, and Evaluation; (202) 418-8900.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 1996, FSIS was petitioned to approve the use of
modified food starch in ``Ham with Natural Juices'' products, in an
amount not exceeding 2 percent of product formulation, to prevent
purging of the brine solution. During the manufacturing of cured pork
products labeled ``Ham with Natural Juices,'' the products are pumped
with a brine solution, the ultimate level of which is controlled by a
protein-fat-free (PFF) standard described in 9 CFR 319.104. PFF is the
minimum meat protein which is indigenous to the raw, unprocessed pork,
expressed as a percent of the non-fat portion of the finished product.
These products are normally packaged in clear plastic and enclosed by a
vacuum seal. Subsequent to the curing process, the brine purges from
the product, settling in the product's package, reducing the moisture
content of the product and negatively affecting product appearance and
quality.
FSIS currently permits the use of the binders listed in 9 CFR
318.7(c)(4), including modified food starch, in products labeled ``Ham
Water Added'' and ``Ham and Water Product--X% of Weight is Added
Ingredients'' to prevent purging of the brine solution. These binders
may not, however, currently be used in ``Ham with Natural Juices''
products. FSIS has prohibited their use in ``Ham with Natural Juices''
products to prevent economic adulteration. FSIS believes that consumers
consider ham products labeled ``Ham with Natural Juices'' to be premium
products because they do not contain ``fillers,'' such as binders, and
thus, are typically priced higher than the ``binders and water added''
ham products. Furthermore, in accordance with 9 CFR 319.104, ``Ham with
Natural Juices'' products must meet a higher PFF value than ``Ham Water
Added'' and ``Ham and Water Product--X% of Weight is Added
Ingredients'' products, which reflects less added substances.
The petitioner has developed a new process for producing its ``Ham
with Natural Juices'' product in response to what they view as consumer
demands for an improved ham product. The new process includes the use
of modified food starch, which is currently prohibited in a ``Ham with
Natural Juices'' product. According to the petitioner, their new ``Ham
with Natural Juices'' process requires the use of modified food starch
in order to enhance the characteristics of texture, and, more
importantly, moisture retention that consumers associate with the
product. The petitioner has submitted technical data and other
information demonstrating that the finished product does not fall below
the minimum regulated PFF value with an acceptable yield loss, as
illustrated by purged value differences over time. Because (1) the
product adheres to the minimum PFF value, and therefore, consumers will
be receiving a ``Ham with Natural Juices'' product with essentially the
same protein content and other nutrients as before, even with the
addition of modified food starch and other permitted binders, and (2)
modified food starch and the other permitted binders will appear in the
ingredients statement to inform consumers of their presence, the Agency
has concluded that ``Ham with Natural Juices'' remains an acceptable
product identity. For these reasons, FSIS is proposing to permit the
use of binders in ``Ham with Natural Juices'' products in an amount not
exceeding 2 percent of product formulation, to prevent purging of the
brine solution.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) all state
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant and
therefore has not been reviewed by OMB under Executive Order 12866.
The Administrator has made an initial determination that this
proposed rule would 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). The proposed rule would permit the use
of any one of the approved binders in ``Ham with Natural Juices''
products. Manufacturers opting to use the
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approved binders in ``Ham with Natural Juices'' products would incur
labeling expenses in revising the ingredients statements of their
labels to show the presence of the approved binders. Decisions by
individual manufacturers on whether to use any one of the approved
binders in ``Ham with Natural Juices'' products would be based on their
conclusions that the benefits outweigh the implementation costs.
Paperwork Requirements
Abstract: FSIS has reviewed the paperwork and recordkeeping
requirements in this proposed rule in accordance with the Paperwork
Reduction Act. This rule requires manufacturers opting to use one of
the approved binders in ``Ham with Natural Juices'' products to revise
their product labels. The labels would not be submitted to FSIS for
approval because they would be generically approved in accordance with
9 CFR 317.5.
Estimate of Burden: Establishments must develop product labels in
accordance with the regulations. FSIS estimates that it will take 60
minutes to design and develop modified product labels in accordance
with the proposed regulation.
Respondents: Meat establishments.
Estimated number of Respondents: 1,079 meat establishments.
Estimated number of Responses per Respondent: FSIS estimates that
each establishment would modify about 2 product labels.
Estimated Total Annual Burden on Respondents: 2158 hours.
Comments are invited on: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the Agency, including whether the information will have practical
utility; (b) the accuracy of the Agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of collection of information on those who are to
respond, including through use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology. Comments may be sent to Lee Puricelli,
Paperwork Specialist, see address above, and Desk Officer for
Agriculture, Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20253.
List of Subjects in 9 CFR Part 319
Food Grades and Standards, Food Labeling.
For the reasons set out in the preamble, 9 CFR part 319 would be
amended as follows:
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.18, 2.53.
2. The first sentence of paragraph (d) of section 319.104 would be
revised to read as follows:
Sec. 319.104 Cured pork product.
* * * * *
(d) The binders provided in Sec. 318.7(c)(4) of this subchapter for
use in cured pork products may be used singly in those cured pork
products labeled as ``Ham Water Added,'' ``Ham and Water Product--X% of
Weight is Added Ingredients,'' and ``Ham with Natural Juices.'' * * *
Done at Washington, DC, on: April 16, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-10679 Filed 4-24-97; 8:45 am]
BILLING CODE 3410-DM-P
