[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18247]
[[Page Unknown]]
[Federal Register: July 27, 1994]
VOL. 59, NO. 143
Wednesday, July 27, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 58
[DA-93-18]
Grading and Inspection, General Specifications for Approved
Plants and Standards for Grades of Dairy Products; General
Specifications for Dairy Plants Approved for USDA Inspection and
Grading Service
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the General Specifications for
Dairy Plants Approved for USDA Inspection and Grading Service (General
Specifications). The proposed changes would revise the requirements for
anhydrous milkfat to allow butter to be used as an ingredient and would
revise the requirements for butteroil to allow the addition of safe and
suitable antioxidants. The proposal to allow the use of butter was
initiated at the request of the American Butter Institute.
DATES: Comments should be filed by September 26, 1994.
ADDRESSES: Comments should be sent to: Director, Dairy Division,
Agricultural Marketing Service, U.S. Department of Agriculture, Room
2968-S, P.O. Box 96456, Washington, DC 20090-6456. They will be made
available for public inspection at the Dairy Division in Room 2750-S
during regular business hours.
FOR FURTHER INFORMATION CONTACT: Duane R. Spomer, Chief, Dairy
Standardization Branch, USDA/AMS/Dairy Division, Room 2750-S, P.O. Box
96456, Washington, DC 20090-6456, (202) 720-7473.
SUPPLEMENTARY INFORMATION: This proposed rule has been reviewed under
Executive Order 12778, Civil Justice Reform. This action is not
intended to have retroactive effect. This rule would 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.
The proposed rule also has been reviewed in accordance with the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Administrator,
Agricultural Marketing Service, has determined that this proposed rule,
if promulgated, would not have a significant economic impact on a
substantial number of small entities because participation in the USDA-
approved plant program is voluntary and the amendments would not
increase the costs to those utilizing the program.
The Department is issuing this rule in conformance with Executive
Order 12866.
The General Specifications, established in 1975, do not provide for
butter to be used in making anhydrous milkfat in USDA-approved dairy
plants. This is inconsistent with international standards that allow
butter to be used in anhydrous milkfat. The General Specifications also
do not provide for the addition of antioxidants to butteroil, which
also is permitted in international standards. These restrictions have
placed the domestic manufacturer at a disadvantage when competing in
the world market.
To permit domestic manufacturers of anhydrous milkfat and butteroil
to compete on equal terms with manufacturers from other exporting
countries, and to amend the General Specifications to more closely
align U.S. requirements with international standards, USDA is proposing
changes to Part 58, subpart B, of the grading and inspection
regulations concerning dairy products, as follows:
1. Amend Ingredient Requirements to Permit Butter To Be Used as an
Ingredient in Anhydrous Milkfat
The General Specifications were established in 1975 and permit only
cream to be used as an ingredient in anhydrous milkfat. The
International Dairy Federation and the Codex Alimentarius Commission
have both developed internationally recognized standards that allow the
use of butter in making anhydrous milkfat. Revision of the General
Specifications is being proposed to align USDA requirements with
internationally recognized standards and allow butter as an ingredient
in anhydrous milkfat.
2. Allow the Addition of Antioxidants to Butteroil
The General Specifications do not provide for the addition of
antioxidants to butteroil. International dairy standards permit the
addition of antioxidants to assist in preserving the flavor
characteristics of this product. Revision of the General Specifications
is being proposed to align USDA requirements with international
standards and to allow the addition of antioxidants to butteroil,
provided the antioxidant used is permitted by standards developed by
the Codex Alimentarius Commission and authorized for use by the Food
and Drug Administration (FDA). The Standards developed by the
Commission may be found in the ``Standard A-2 for Milkfat
Products.''1 Antioxidants which are permitted by the Commission
and which may be added to butteroil and the maximum levels allowed are
as follows:
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\1\``Standards A-2 for Milkfat Products'', Joint FAO/WHO Food
Standards Program, Codex Committee on Milk and Milk Products. Copies
of the Standard may be obtained from the Dairy Division,
Agricultural Marketing Service, United States Department of
Agriculture, P.O. Box 96456, Washington, DC 20090-6456.
------------------------------------------------------------------------
Antioxidant Maximum level
------------------------------------------------------------------------
Propyl gallate.................................... 100 mg/kg.
Butylated hydroxytoluene (BHT)*................... 75 mg/kg.
Butylated hydroxyanisole (BHA).................... 200 mg/kg.
Any combination of propyl gallate, BHA, or BHT*. 200 mg/kg, but
individual limits
above not to be
exceeded.
Natural and synthetic tocopherols................. 500 mg/kg.
Ascorbyl palmitate................................ 500 mg/kg
individually or in
combination.
Ascorbyl stearate................................. ....................
Dilauryl thiodipropionate......................... 200 mg/kg.
Antioxidant synergists:
Citric acid..................................... Limit by Good
Manufacturing
Practice (GMP).
Sodium citrate.................................. Limit by GMP.
Isopropyl citrate mixture....................... 100 mg/kg
individually or in
combination.
Phosphoric acid................................. ....................
Monoglyceride citrate........................... ....................
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*Temporarily endorsed by the Codex Alimentarius Commission.
FDA provisions relevant to those antioxidants permitted by the
Commission are found in 21 CFR Parts 172, 182 or 184. The antioxidants
permitted by FDA would be the ones proposed to be allowed by these
regulations. The antioxidants and levels permitted by FDA are as
follows:
------------------------------------------------------------------------
Antioxidant Maximum level
------------------------------------------------------------------------
Propyl gallate.................................... 0.02% of fat.
Butylated hydroxytoluene (BHT).................... 0.02% of fat.
Butylated hydroxyanisole (BHA).................... 0.02% of fat.
Tocopherols....................................... Limit by GMP.
Ascorbyl palmitate................................ Limit by GMP.
Dilauryl thiodipropionate......................... 0.02% of fat.
Antioxidant synergists:
Citric acid..................................... Limit by GMP.
Sodium citrate.................................. Limit by GMP.
Isopropyl citrate............................... 0.02% of food.
Phosphoric acid................................. Limit by GMP.
Monoglyceride citrate........................... 200 ppm of fat.
------------------------------------------------------------------------
3. Reduce the Amount of Moisture Permitted in Anhydrous Milkfat
The General Specifications allow a maximum moisture content of 0.15
percent in anhydrous milkfat. International standards developed by the
International Dairy Federation and the Codex Alimentarius Commission
allow a maximum moisture content of 0.1 percent. Revision of the
General Specifications is being proposed to align USDA requirements
with international standards by reducing the maximum allowable moisture
content to 0.1 percent.
4. Provide for the Pasteurization of Oil (Highly Concentrated
Milkfat) in the Manufacture of Anhydrous Milkfat
Pasteurization of dairy products ensures the destruction of
pathogenic organisms. The General Specifications require cream to be
pasteurized in the production of anhydrous milkfat. In some segments of
the dairy industry, this pasteurization step occurs when the milkfat in
the cream has been concentrated to a level where it is considered to be
``oil'' rather than cream. Changes in the General Specifications are
being proposed to provide for this industry practice.
5. Restrict the Amount of Other Butter Constituents in Anhydrous
Milkfat When Butter is used as an Ingredient
When butter is used in anhydrous milkfat, the majority of the non-
milkfat constituents normally found in butter are removed during the
manufacture of the product. The non-milkfat constituents which are
removed include protein, ash, and salt. Changes are being proposed to
restrict the amount of these non-milkfat constituents that would be
permitted to remain in anhydrous milkfat.
Anhydrous milkfat specifications established by USDA are voluntary
specifications that are developed to facilitate the orderly marketing
process. Dairy plants are free to choose whether or not to use the
specifications. When manufactured or processed dairy products are
graded or inspected, the USDA regulations governing the grading or
inspection of dairy products are used.
List of Subjects in 7 CFR Part 58
Dairy products, Food grades and standards, Food labeling, Reporting
and record keeping requirements.
For the reasons set forth in the preamble, it is proposed that 7
CFR Part 58, Subpart B, be amended to read as follows:
PART 58--[AMENDED]
1. The authority citation for 7 CFR Part 58, Subpart B, continues
to read as follows:
Authority: Agricultural Marketing Act of 1946, Secs. 202-208, 60
Stat. 1087, as amended; 7 U.S.C. 1621-1627, unless otherwise noted.
2. In Sec. 58.305, paragraphs (b) and (c) are revised to read as
follows:
Sec. 58.305 Meaning of words.
* * * * *
(b) Butteroil. The food product resulting from the removal of
practically all of the moisture and solids-not-fat from butter. It
contains not less than 99.6 percent fat and not more than 0.3 percent
moisture and not more than 0.1 percent other butter constituents, of
which the salt shall be not more than 0.05 percent. Antioxidants
permitted to be used are as follows:
------------------------------------------------------------------------
Antioxidant Maximum level
------------------------------------------------------------------------
Propyl gallate.................................... 0.02% of fat.
Butylated hydroxytoluene (BHT).................... 0.02% of fat.
Butylated hydroxyanisole (BHA).................... 0.02% of fat.
Tocopherols....................................... Limit by GMP.
Ascorbyl palmitate................................ Limit by GMP.
Dilauryl thiodipropionate......................... 0.02% of fat.
Antioxidant synergists:
Citric acid..................................... Limit by GMP.
Sodium citrate.................................. Limit by GMP.
Isopropyl citrate............................... 0.02% of food.
Phosphoric acid................................. Limit by GMP.
Monoglyceride citrate........................... 200 ppm of fat.
------------------------------------------------------------------------
An inert gas may be used to flush air tight containers before, during,
and after filling. Carbon dioxide may not be used for this purpose.
(c) Anhydrous milkfat. The food product resulting from the removal
of practically all of the moisture and solids-not-fat from pasteurized
cream or butter. It contains not less than 99.8 percent fat and not
more than 0.1 percent moisture and, when produced from butter, not more
than 0.1 percent other butter constituents, of which the salt shall be
not more than 0.05 percent. An inert gas may be used to flush air tight
containers before, during, and after filling. Carbon dioxide may not be
used for this purpose.
* * * * *
3. Section 58.325 is revised to read as follows:
Sec. 58.325 Anhydrous milkfat
If cream is used in the production of anhydrous milkfat that is
eligible for official certification, the anhydrous milkfat shall be
made by a continuous separation process directly from milk or cream.
The cream used shall be comparable to the flavor quality specified
above for U.S. Grade AA or U.S. Grade A butter. The milkfat from cream
may then be further concentrated into oil. The cream or oil shall be
pasteurized in accordance with the procedures for cream for
buttermaking (Sec. 58.334a). If butter is used in the production of
anhydrous milkfat that is eligible for official certification, the
butter used shall conform to the flavor requirements of U.S. Grade AA
or U.S. Grade A butter, and shall have been manufactured in an approved
plant. The appearance of anhydrous milkfat should be fairly smooth and
uniform in consistency.
4. Section 58.347 is revised to read as follows:
Sec. 58.347 Butteroil or anhydrous milkfat
The flavor shall be bland and free from rancid, oxidized, or other
objectionable flavors.
(a) In addition, the finished products shall meet the following
specifications when sampled and tested in accordance with Secs. 58.336
and 58.337.
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Butteroil Anhydrous milkfat
------------------------------------------------------------------------
Milkfat................ Not less than 99.6 Not less than 99.8
percent. percent.
Moisture............... Not more than 0.3 Not more than 0.1
percent. percent.
Other butter Not more than 0.1 Not more than 0.1
constituents including percent. percent.
salt.
Salt................... Not more than 0.05 Not more than 0.05
percent. percent.
Antioxidants........... Those permitted by Those permitted by
standards of the Codex standards of the
Alimentarius Codex Alimentarius
Commission and Commission and
authorized for use by authorized for use by
the Food and Drug the Food and Drug
Administration. Administration.
Free fatty acids....... Not more than 0.5 Not more than 0.3
percent (calculated as percent (calculated
oleic acid). as oleic acid).
Peroxide value......... Not more than 0.1 Not more than 0.1
milliequivalent per milliequivalent per
kilogram of fat. kilogram of fat.
Copper content......... Not more than 0.10 ppm. Not more than 0.10
ppm.
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Dated: July 22, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-18247 Filed 7-26-94; 8:45 am]
BILLING CODE 3410-02-P
