97-2736. Poultry Inspection: Revision of Finished Product Standards With Respect to Fecal Contamination  

  • [Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
    [Rules and Regulations]
    [Pages 5139-5143]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-2736]
    
    
    
    ========================================================================
    Rules and Regulations
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains regulatory documents 
    having general applicability and legal effect, most of which are keyed 
    to and codified in the Code of Federal Regulations, which is published 
    under 50 titles pursuant to 44 U.S.C. 1510.
    
    The Code of Federal Regulations is sold by the Superintendent of Documents. 
    Prices of new books are listed in the first FEDERAL REGISTER issue of each 
    week.
    
    ========================================================================
    
    
    Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / 
    Rules and Regulations
    
    [[Page 5139]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Food Safety and Inspection Service
    
    9 CFR Part 381
    
    [Docket No. 94-016F]
    RIN 0583-AC25
    
    
    Poultry Inspection: Revision of Finished Product Standards With 
    Respect to Fecal Contamination
    
    AGENCY: Food Safety and Inspection Service, USDA.
    
    ACTION: Final rule; Request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
    poultry products inspection regulations to clarify and strengthen the 
    enforcement of FSIS's zero-tolerance policy regarding visible fecal 
    material on poultry carcasses. FSIS is amending its regulations to 
    codify an existing standard that ensures poultry carcasses contaminated 
    with fecal material do not enter the chilling tank. In order to clarify 
    the enforcement of this policy, this rule removes ``feces'' as a 
    nonconformance element in the finished product standards for poultry.
        In addition, the Agency is seeking comments on the relationship 
    between ingesta and the presence of microbial pathogens on raw poultry.
    
    DATES: This rule is effective on May 5, 1997. There is no due date for 
    comments requested on the relationship between ingesta and microbial 
    pathogens on raw poultry.
    
    ADDRESSES: Submit one original and two copies of written comments to: 
    FSIS Docket Clerk, DOCKET #94-016F, U.S. Department of Agriculture, 
    Food Safety and Inspection Service, Room 3806 South Agriculture 
    Building, 1400 Independence Ave., SW., Washington, DC 20250-3700. All 
    comments submitted will be available for public inspection in the 
    Docket Clerk's Office between 8:30 a.m. and 1:00 p.m. and 2:00 p.m. and 
    4:30 p.m., Monday through Friday. To review the research and other 
    background information used by FSIS in developing this document, 
    interested persons may visit the Docket Clerk's office during the times 
    listed above.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Isabel Arrington, Staff Officer, 
    Slaughter Operations, Office of Field Operations; (202) 720-7905.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        To enforce the ``zero tolerance'' policy regarding visible fecal 
    contamination on poultry, FSIS program employees look at every carcass 
    to ensure it is not contaminated by visible fecal contamination. This 
    visual check of all carcasses occurs after evisceration but prior to 
    the separation of the viscera from the carcass and prior to the final 
    wash and entry of the carcass into the chilling tank. Should visible 
    fecal contamination be observed, existing regulations permit 
    establishments to reprocess contaminated carcasses by a number of 
    approved methods, including washing and trimming on or off the line. 
    Regardless of the method chosen, the end result must be removal of all 
    visible specks of contamination prior to the carcasses' entering the 
    chiller. This zero tolerance policy for visible fecal contamination is 
    an important food safety standard because fecal contamination is a 
    major vehicle for spreading pathogenic microorganisms, such as 
    Salmonella, to raw poultry.
        Under current rules, FSIS ensures removal of all visible fecal 
    contamination subsequent to postmortem inspection through off-line 
    reinspection, direct on-line observations by an inspector, and 
    application of finished product standards (FPS). The FPS are applied to 
    samples of product prior to its entering the chiller and after product 
    has left the chiller as a means of measuring an establishment's 
    performance in meeting organoleptic (detectable by the unaided senses) 
    standards, including the removal of visible fecal contamination.
        Under an FPS program, the poultry establishment checks carcasses 
    entering and leaving the chiller for nonconformance to the FPS. If the 
    incidence of nonconformances determined by the FPS test indicates that 
    the establishment's process is out of control, the establishment must 
    take corrective action. Any bird in the sample taken found to be 
    contaminated with feces is set aside for rework or condemnation. FSIS 
    inspectors located before the chiller also evaluate performance by 
    visually observing carcasses, checking quality control data, and 
    sampling product. The establishment and FSIS apply a statistical method 
    to determine if the establishment's processes are under control and 
    producing consistently sound product. In the event an establishment 
    does not meet statistical criteria, the establishment's process is 
    determined to be out of control and corrective action is required. The 
    application of FPS does not preclude the inspector's directing the 
    establishment to take corrective action any time carcasses visibly 
    contaminated with fecal matter are observed.
        On July 13, 1994, FSIS published a proposed rule, ``Enhanced 
    Poultry Inspection,'' in the Federal Register (59 FR 35659) to clarify 
    and strengthen substantially the Agency's zero-tolerance policy for 
    visible fecal contamination. The proposed rule would have implemented a 
    single system of postmortem inspection for all poultry species. 
    Establishment personnel would have been required to pre-sort birds 
    before inspection to exclude those with diseases and condemnable 
    conditions. In addition, the inspection sequence would have been 
    changed to permit inspectors to conduct on-line checks for 
    contamination. The proposal would have required all reprocessed birds 
    to be returned to the main processing line for inspection.
        FSIS also proposed the mandatory use of antimicrobial rinses in all 
    establishments, use of establishment employees to sort poultry, 
    revision of the FPS, and addition of recordkeeping and verification 
    procedures. The proposal included the removal of ``feces'' from the 
    list of nonconformances in the FPS and a mandatory line speed reduction 
    triggered by any finding of visible fecal contamination during an FPS 
    review or at other times when such contamination was detected.
        Since the proposed rule was published, FSIS has adopted a
    
    [[Page 5140]]
    
    comprehensive, preventive food safety strategy to reduce the incidence 
    and prevalence of foodborne illness in the United States. The 
    centerpiece of this strategy is the ``Pathogen Reduction; Hazard 
    Analysis and Critical Control Points (HACCP) Systems'' final rule (61 
    FR 38805-38989, July 25, 1996). HACCP is a system of preventive 
    controls designed to improve the safety of food products.
        The Pathogen Reduction/HACCP regulations require each establishment 
    to conduct a hazard analysis and develop a HACCP plan applicable to 
    every product it produces. Fecal contamination is a reliable indicator 
    of the likely presence of microbial pathogens, a food safety hazard 
    which all slaughtering establishments will necessarily address in their 
    HACCP plans. Poultry processing establishments must adopt HACCP 
    controls that they can demonstrate are effective in reducing the 
    occurrence of microbial pathogens; those controls include preventing 
    the fecal contamination of carcasses and thus preventing fecally 
    contaminated carcasses from entering the chilling tanks. They will be 
    required to monitor, verify, and record results which demonstrate the 
    effective operation of those controls on a continuing basis.
        Under the Pathogen Reduction/HACCP rule, in addition to controls 
    for reducing microbial pathogens, such as ensuring that all poultry 
    carcasses are free of visible fecal contamination before entering the 
    chiller, slaughtering establishments will verify their process controls 
    by testing sampled carcasses for generic Escherichia coli (Biotype I). 
    In addition, FSIS has established pathogen reduction performance 
    standards based on Salmonella prevalence in raw product. These 
    standards, which FSIS will enforce through its own Salmonella testing 
    program, complement the process control performance criteria for 
    visible fecal contamination and E. coli testing.
        The Pathogen Reduction/HACCP rule establishes a more comprehensive 
    framework for food safety protection than did the 1994 proposal, and 
    therefore supersedes it. It couples HACCP-based process control to 
    prevent visible fecal contamination (and other hazards) with microbial 
    testing and pathogen reduction performance standards to scientifically 
    verify the effectiveness of the HACCP plan. Some of the concepts in the 
    July 1994 proposal, such as antimicrobial processes and the role of 
    FSIS inspectors, may be addressed by future rulemakings if the concepts 
    appear to provide substantial food safety benefits in a HACCP context.
        The zero-tolerance standard for visible fecal contamination, an 
    indicator of likely microbial contamination, is one that must be 
    achieved by processing control and therefore is consistent with the 
    HACCP framework. The HACCP regulations require all establishments to 
    identify all food safety hazards reasonably likely to occur in a 
    specific process, and to identify critical control points adequate to 
    prevent them. Fecal contamination is a food safety hazard because of 
    its direct link to microbiological contamination and foodborne illness. 
    Preventing carcasses with visible fecal contamination from entering the 
    chiller is critical for preventing cross-contamination of other 
    carcasses. The final carcass wash before the carcasses enter the 
    chiller is a critical control point for preventing cross-contamination 
    of other carcasses. Critical control points to eliminate visible fecal 
    contamination are predictable and essential components of the HACCP 
    plans for all slaughter establishments. For establishments' HACCP plans 
    to be validated, they will have to achieve the zero tolerance for 
    visible contamination at the point where carcasses enter the chiller.
        Though the zero-tolerance policy has not been codified in the 
    regulations until now, it is implicit in some of the regulations. For 
    example, Sec. 381.91(b), provides that poultry accidentally 
    contaminated with digestive tract contents need not be condemned if 
    promptly reprocessed under the supervision of an inspector and found 
    not to be adulterated. The codification of the zero-tolerance policy 
    for visible fecal contamination and removal of ``feces'' as a 
    nonconformance element in the finished product standards for poultry 
    provide a clear and unambiguous standard that poultry slaughtering 
    establishments must meet today and, eventually, incorporate into their 
    HACCP systems.
        FSIS will continue to verify that establishments are meeting the 
    zero-tolerance standard through visual observations, data collection, 
    and sampling. However, consistent with the policy, any indication of 
    visible fecal contamination will require establishments to take 
    immediate corrective action after deviations occur, rather than after a 
    certain statistical measure of control is exceeded over a period of 
    time.
        The bulk of the comments on the July 1994 proposal addressed 
    provisions that are unrelated to this final rule. Of the 434 comments 
    received, 64 addressed the zero-tolerance policy on fecal 
    contamination. Forty-eight commenters were clearly in favor of the 
    policy; 16 expressed various reservations, such as: (1) Fecal material 
    was undefined; (2) visible feces should be trimmed, not washed; (3) 
    since FSIS has a zero tolerance policy for fecal contamination, a rule 
    change is not necessary; and (4) a zero tolerance policy should also be 
    established for ingesta and other intestinal tract contents.
        In response to the commenters who stated that fecal material and/or 
    feces should be defined, FSIS has developed guidelines for inspectors 
    to use in identifying feces on carcasses. In these guidelines, three 
    factors--color, consistency, and composition-- are essential in 
    positively identifying fecal contamination. In general, fecal material 
    color ranges from varying shades of yellow to green, brown, and white; 
    the consistency of feces is usually semi-solid to a paste; and the 
    composition of feces may include plant material. Inspectors use the 
    feces identification guidelines to verify that establishments prevent 
    carcasses with visible fecal contamination from entering the chilling 
    tanks.
        Several commenters also felt that any contamination on the carcass 
    should be trimmed, and that washing, including reprocessing, should not 
    be permitted as an alternative to trimming. The regulations (9 CFR 
    381.91(b)) permit poultry contaminated during slaughter with digestive 
    tract contents, such as feces, to be reprocessed in lieu of being 
    condemned. These regulations were promulgated in 1978 and were based, 
    in part, on an Agricultural Research Service (ARS) study, published in 
    the Journal of Food Science, which concluded that effective washing of 
    contaminated poultry carcasses produced carcasses with microbiological 
    levels essentially equal to normally processed and inspected 
    carcasses.1 A subsequent ARS study supported this finding.2
    ---------------------------------------------------------------------------
    
        \1\ Blankenship LC, Cox NA, Craven SE, Mercuri AJ, and Wilson 
    RL. Comparison of the Microbiological Quality of Inspection-Passed 
    and Fecal Contamination-Condemned Broiler Carcasses. J. Food Science 
    1975; 40:1236-1238.
        \2\ Blankenship LC, Bailey JS, Cox NA, Musgrove MT, Berrang ME, 
    Wilson RL, Rose MJ, and Dua SK. A Research Note: Broiler Carcass 
    Reprocessing, A Further Explanation. J. Food Prot. 1993; 56:983-985.
    ---------------------------------------------------------------------------
    
        Several commenters stated that FSIS has a zero tolerance policy for 
    feces and, therefore, a change to the regulations was not needed. 
    However, the apparent incompatibility between FSIS's zero tolerance 
    policy for fecal material on individual poultry carcasses and the 
    existence of a process measure that
    
    [[Page 5141]]
    
    includes a tolerance for ``feces'' in the finished product standards 
    has continued to cause confusion. To clarify the zero tolerance policy, 
    FSIS is amending the poultry products inspection regulations by 
    removing ``feces'' as a nonconformance element from the finished 
    product standards.
        Several commenters stated that there should be a zero tolerance 
    policy for ingesta and other digestive tract contents, in addition to 
    feces. Ingesta are processing defects generally consisting of 
    undigested feed remaining in a bird's crop, esophagus, and gizzard. 
    Ingesta contamination and attached portions of the crop and esophagus 
    are processing defects counted as FPS nonconformances. Ingesta 
    contamination of poultry was not directly addressed in the July 1994 
    proposal.
        A research report 3 recently identified the crop as a 
    potential source of Salmonella contamination for broiler carcasses. The 
    report noted that crops may be ruptured during processing, suggesting 
    that the crop may serve as a source of carcass contamination if 
    exposure to pathogenic microbes occurs during the last week before 
    slaughter. The fact that birds are especially likely to pick up fecal 
    droppings during the feed withdrawal period prior to slaughter could 
    explain the presence of Salmonella in the crops.
    ---------------------------------------------------------------------------
    
        \3\ Hargis BM, Caldwell DJ, Brewer RL, Corrier DE, DeLoach JR, 
    An Evaluation of the Chicken Crop as a Source of Salmonella 
    Contamination for Broiler Carcasses. Poult Sci 1995; 74:1548-52.
    ---------------------------------------------------------------------------
    
        Comments and information on ingesta contamination would be useful 
    to the Agency in its consideration of the need for additional 
    regulatory measures regarding ingesta. Such information would also be 
    helpful to establishments in identifying hazards and determining 
    critical control points in their HACCP systems. FSIS would like to have 
    more information on how the presence of ingesta on dressed poultry 
    carcasses relates to the presence of microbial pathogens and, 
    consequently, the food safety profile of ready-to-cook raw poultry. 
    Specific information is requested on (1) the capacity of current 
    technology to prevent ingesta contamination, (2) the consumer 
    perspective on the presence of ingesta on ready-to-cook raw poultry, 
    (3) the tolerance level and defect categories in the current FPS 
    program for ingesta, crop, and esophagus, and (4) the availability and 
    cost of new technology and its capacity to prevent ingesta 
    contamination.
    
    The Final Rule
    
        In summary, this final rule amends the poultry products inspection 
    regulations by explicitly prohibiting dressed poultry carcasses 
    contaminated with feces from entering the chiller. It also removes 
    ``feces'' from the list of nonconformance elements in the poultry 
    finished product standards. Any visible fecal contamination found by 
    the establishment during the finished product standards check means 
    that the establishment has failed to meet the standard and that 
    immediate corrective action is required, irrespective of the overall 
    FPS results. Under this final rule, FSIS inspectors will continue their 
    current practice of verifying the establishment's process control 
    through visual observation of carcasses and off-line checks of sampled 
    birds.
        Additionally, beginning on the effective date of this rule and 
    prior to HACCP implementation, FSIS inspectors will, during each shift 
    in all poultry slaughtering operations, check at least two more 10-bird 
    samples on each evisceration line for visible fecal contamination after 
    the final wash, before the carcasses enter the chiller. Any amount of 
    visible fecal contamination found by FSIS inspectors during these 
    checks will be regarded as a lack of process control requiring 
    immediate correction.
        FSIS will continue to verify the effectiveness of the 
    establishment's corrective actions and, if the actions prove 
    ineffective, will prohibit birds on affected lines from entering the 
    chilling tank directly until the establishment demonstrates, and FSIS 
    verifies, that the zero-tolerance standard for visible fecal 
    contamination is being met. This prohibition may result in slowing or 
    stopping the line until the problem is solved. FSIS also will check 
    carcasses on the affected lines after they exit the chilling tank.
        After HACCP systems are implemented in slaughtering establishments, 
    FSIS personnel will determine the effectiveness of preventive controls 
    and corrective actions for visible fecal contamination as they verify 
    HACCP system adequacy. They will continue close oversight of processor 
    efforts to prevent visible fecal contamination, sampling birds at the 
    same frequency as before HACCP implementation. The presence of visible 
    fecal contamination on poultry carcasses entering the chiller will mean 
    that controls to prevent such contamination have failed. The finding of 
    fecal matter on carcasses entering the chiller even after corrective 
    actions have been taken to prevent its recurrence will constitute 
    evidence of a HACCP system failure. FSIS will consider a documented 
    pattern of repeated system failures to be evidence that the 
    establishment's HACCP plan is inadequate. The Agency will take 
    immediate action to ensure proper disposition of adulterated product, 
    including its condemnation. Additionally, if appropriate, the Agency 
    will undertake proceedings to withdraw inspection from the 
    establishment.
        FSIS plans to review the application of this standard during the 
    implementation of HACCP in affected establishments. The Agency would 
    certainly welcome input from interested parties on the application of 
    this standard in a HACCP environment.
        FSIS expects that its zero-fecal-contamination policy, together 
    with the Pathogen Reduction/HACCP rule, will improve the safety of raw 
    poultry products and help bring about measurable declines in foodborne 
    illness attributable to poultry consumption.
    
    Executive Order 12866 and Effect on Small Entities
    
        This final rule has been determined to be significant and was 
    reviewed by OMB under Executive Order 12866.
        This rule codifies as a standard the existing FSIS zero-tolerance 
    policy for the presence of visible fecal contamination on poultry 
    carcasses entering the chilling tank, and removes ``feces'' as a 
    nonconformance element in the FPS for poultry. The rule does not 
    require any facility changes nor does it stipulate what steps 
    establishments must take to comply with the standard. Furthermore, this 
    rule is compatible with the mandatory HACCP program for meat and 
    poultry establishments.
        The rule will affect about 520 poultry slaughtering establishments 
    subject to inspection under the Poultry Products Inspection Act. 
    Approximately 360 of these are inspected by FSIS, about 300 operating 
    under inspection systems incorporating FPS; the other 60 or so--most 
    processing low-consumption-volume species, such as ducks and geese--
    operating under ``traditional'' systems. In the ``traditional'' 
    establishments, inspectors check outgoing product using lot acceptance 
    plans from which entries for ``feces'' are being removed by Agency 
    directive. The final rule will also affect about 160 poultry 
    slaughtering establishments where States maintain inspection that is 
    ``at least equal to'' Federal inspection.
    
    Alternatives Considered
    
        As discussed in the preamble to the proposal, FSIS considered two
    
    [[Page 5142]]
    
    alternatives to the proposed regulatory amendments that would have met 
    the objectives of strengthening poultry products inspection, reducing 
    the occurrence of pathogens on raw product, and enforcing a ``zero 
    tolerance'' for visible fecal contamination of raw product. The first 
    of the alternatives would have required detaching the viscera from the 
    carcass before post-mortem inspection and presenting the organs and the 
    carcass for inspection at the same time, rather than sequentially. A 
    separate belt or tray would have been provided to prevent the viscera 
    from contaminating the carcass. However, preliminary estimates 
    indicated that costs to the industry of equipment acquisition and 
    installation and downtime for construction would have approached $1 
    billion.
        The second alternative would have involved retaining the current 
    postmortem inspection procedures while positioning an additional 
    inspector at the end of the evisceration line at a point after viscera 
    removal to examine each carcass for fecal contamination. Under this 
    alternative, the Government could have incurred an additional $16 
    million per annum in personnel costs, which was unacceptable to FSIS, 
    and production rates could have been slowed by 30 to 50 percent if 
    fewer inspectors were assigned to perform the required tasks. The 
    annual cost to the industry and consumers of slowed linespeeds could 
    have been as high as $5.2 billion. In the Agency's judgment, either of 
    these alternatives would have posed unacceptable costs.
        The alternative proposed by the Agency included a single postmortem 
    inspection system for all kinds and classes of poultry, a requirement 
    for the establishment to present for inspection birds that had been 
    pre-sorted to exclude those with diseases and condemnable conditions, a 
    change in the inspection sequence to include on-line checks for 
    contamination, the return of all reprocessed birds to the main 
    processing line for reinspection, and mandatory antimicrobial treatment 
    of all dressed poultry. In addition, some establishments would have had 
    to install adjustable inspection stands and enhanced lighting. A 
    completely revised FPS, without a nonconformance element for feces, 
    would have been applied to all poultry. An FSIS inspector would have 
    been required to stop or slow the line upon finding any fecally 
    contaminated bird. The Agency estimated the cost of the proposal to 
    industry at about $7 million. Cost estimates supplied by industry 
    commenters indicated costs would substantially exceed the Agency's 
    estimate.
        Since the proposal was published, the Agency has adopted a 
    comprehensive food safety strategy based on mandatory HACCP systems for 
    meat and poultry establishments. The Pathogen Reduction/HACCP rule 
    implementing this policy supersedes the July 1994 proposal. 
    Accordingly, FSIS has limited this final rule to the codification of 
    the zero tolerance policy for visible fecal contamination and to the 
    removal of the ``feces'' nonconformance element from the poultry FPS.
    
    Costs
    
        As mentioned, visible fecal contamination of poultry carcasses 
    currently is addressed at postmortem inspection by off-line 
    reprocessing of accidentally contaminated poultry, through pre-chill 
    FPS checks, and at other times that visible fecal contamination is 
    detected. FSIS estimates that the frequency of corrective actions 
    required because establishments fail an FPS test due to visible fecal 
    contamination nonconformances is, at most, 1 time a year per 
    establishment. Normally, the presence of visible fecal contamination 
    found during an FPS review is at a level such that it will cause an FPS 
    failure and trigger immediate corrective action. A typical 
    establishment may fail a pre-chill FPS test once a month or less 
    because nonconformances other than visible fecal contamination, such as 
    the presence of feathers or other dressing defects, have been observed. 
    Such an establishment may fail a post-chill FPS test about six times a 
    year, usually because extraneous matter is found on the carcass. Some 
    establishments operate for 2 or 3 years without failing an FPS test.
        The Agency will have to shift the allocation of Federal poultry 
    inspection resources during the period after this rule becomes 
    effective. Upon the effective date of this rule, FSIS inspectors will 
    be sampling additional birds at pre-chill to examine them for visible 
    fecal contamination, a task that will require as many as 10 staff-years 
    to perform. This cost can be absorbed within FSIS's current resources.
        As mentioned, this final rule removes the nonconformance element 
    for ``feces'' from the current FPS for poultry and codifies the policy 
    prohibiting poultry carcasses contaminated with visible feces from 
    entering the chiller tank. As stated elsewhere in this preamble, this 
    rule establishes a standard that is compatible with the Agency's 
    Pathogen Reduction/HACCP regulations. It will take effect, however, 
    before mandatory HACCP plans are implemented in most federally 
    inspected poultry products establishments.
        When this final rule becomes effective, the detection of visible 
    fecal contamination during the pre-chill FPS or at any other time that 
    visible fecal contamination is detected on the carcasses before the 
    carcasses enter the chiller will trigger corrective actions to prevent 
    recurrence of the problem. The Agency foresees that initially, when 
    this final rule goes into effect, there may be an increase in the 
    frequency of corrective actions. Establishments may incur costs 
    attributed to slowing or temporary stoppage of production lines, 
    equipment adjustments, product rework, and the placing of additional 
    personnel on the processing line, at a somewhat higher rate than 
    previously.
        These costs are likely to result from two primary causes. First, 
    following the effective date, establishments will be placing increased 
    emphasis on preventing carcasses with visible fecal contamination from 
    entering chiller tanks. The increased vigilance of establishment 
    personnel initially may cause some production slowdowns. Second, FSIS 
    inspectors will be sampling birds at an increased rate to enforce the 
    zero-tolerance policy. It is possible that a prevalence level of fecal 
    contamination that had not been detected previously in FPS tests will 
    now be shown to occur, and that processing lines may be slowed or 
    stopped more often for corrective actions to be taken.
        FSIS estimates that the industry-wide cost of stopping or slowing 
    the processing line when fecal contamination is found on dressed 
    poultry could be as high as $15 million during the first year this 
    final rule is in effect. This estimate is derived from data submitted 
    by commenters on estimated efficiency losses--including losses due to 
    stopping or slowing the processing lines--that the proposed rule might 
    have caused. An assumption of the commenters, which FSIS does not 
    share, was that the efficiency reduction costs would recur annually.
        FSIS sees any such cost increases as short-term. Once 
    establishments adjust to the new inspection procedures and adopt more 
    stringent operating standards, the need for corrective action should be 
    reduced, and there will be greater assurance that product entering 
    chillers is free of visible fecal contamination.
    
    Benefits
    
        FSIS expects the net benefits to society from this rule will be in 
    the form of fewer outbreaks of foodborne disease
    
    [[Page 5143]]
    
    attributable to poultry products. The rule will help ensure that raw 
    poultry entering chiller tanks is free of contamination that may harbor 
    pathogens and, thus, that there will be less cross-contamination in the 
    chiller tanks. FSIS expects that this reduced cross-contamination will 
    mean that raw poultry shipped in commerce will have fewer pathogens and 
    that the risk of illness due to improper handling of raw product after 
    it leaves the inspected establishment will be reduced.
        The Administrator, FSIS, has determined that this final rule will 
    not have a significant impact on a substantial number of small 
    entities. The small entities affected by this rule are the 
    approximately 220 small poultry slaughtering establishments that meet 
    the Small Business Administration size standard of 500 or fewer 
    employees. This is a significant number of small entities but, for 
    reasons given above, costs to establishments, whether they be small or 
    large entities, should not be significantly affected by this rule. 
    Thus, the rule will not have a significant impact on a substantial 
    number of small entities.
    
    Executive Order 12988
    
        This final rule has been reviewed under Executive Order 12988, 
    Civil Justice Reform. This rule (1) preempts all State and local laws 
    and regulations that are inconsistent with this rule; (2) has no 
    retroactive effect; and (3) does not require administrative proceedings 
    before parties may file suit in court challenging this rule.
    
    Paperwork Requirements
    
        The July 13, 1994, proposed rule required paperwork and 
    recordkeeping activities that would have provided FSIS with information 
    to ensure that establishments were in compliance with the proposed 
    regulations. As noted above, however, FSIS is withdrawing the 
    provisions of the proposal that would have required such paperwork and 
    recordkeeping.
    
    List of Subjects in 9 CFR Part 381
    
        Poultry inspection, Poultry and poultry products.
    
        For the reasons discussed in the preamble, FSIS is amending part 
    381 of the poultry products inspection regulations as set forth below:
    
    PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
    
        1. The authority citation for part 381 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18, 
    2.53.
    
    Subpart I--Operating Procedures
    
        2. Section 381.65 is amended by adding a new paragraph (e) to read 
    as follows:
    
    
    Sec. 381.65  Operations and procedures, generally.
    
    * * * * *
        (e) Poultry carcasses contaminated with visible fecal material 
    shall be prevented from entering the chilling tank.
    * * * * *
    
    Subpart K--Post Mortem Inspection; Disposition of Carcasses and 
    Parts
    
    
    Sec. 381.76   [Amended]
    
        3. Section 381.76(b)(3)(vi), Table 1--Definitions of 
    Nonconformances, is amended in paragraph A-1 by removing the word 
    ``feces,'' by removing the end note from paragraph A-2 regarding feces, 
    by removing paragraph A-8, ``Feces \1/8\,'' and by 
    renumbering paragraphs A-9 through A-20 as A-8 through A-19.
    * * * * *
        Done at Washington, DC, on Janaury 30, 1997.
    Thomas J. Billy,
    Administrator.
    [FR Doc. 97-2736 Filed 1-30-97; 3:30 pm]
    BILLING CODE 3410-DM-P
    
    
    

Document Information

Effective Date:
5/5/1997
Published:
02/04/1997
Department:
Food Safety and Inspection Service
Entry Type:
Rule
Action:
Final rule; Request for comments.
Document Number:
97-2736
Dates:
This rule is effective on May 5, 1997. There is no due date for comments requested on the relationship between ingesta and microbial pathogens on raw poultry.
Pages:
5139-5143 (5 pages)
Docket Numbers:
Docket No. 94-016F
RINs:
0583-AC25
PDF File:
97-2736.pdf
CFR: (2)
9 CFR 381.65
9 CFR 381.76