Use of Carbon Dioxide in the Humane Slaughter of Swine

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 313

[Docket No. 91-035F]

RIN 0583-AB54

Use of Carbon Dioxide in the Humane Slaughter of Swine

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: FSIS is amending the Federal meat inspection regulations to

permit the use of carbon dioxide to induce death in swine. The

amendment, prompted by a petition from the Danish and Swedish Meat

Research Institute, is based on scientific research showing the use of

carbon dioxide to induce death in swine to be an effective and humane

slaughtering method.

EFFECTIVE DATE: May 26, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. William O. James, Director,

Slaughter Inspection Standards and Procedures Division, room 202 Annex

Building, FSIS, USDA, 300 12th Street SW., Washington, DC 20250-3700,

(202) 720-3219.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to be not-significant for

purposes of Executive Order 12866 and therefore has not been reviewed

by the Office of Management and Budget.

Executive Order 12778

This final rule has been reviewed pursuant to Executive Order

12778, Civil Justice Reform. This final rule will permit swine to be

humanely slaughtered in official meat-packing establishments through

the administration of carbon dioxide.

State and local jurisdictions are preempted under the Federal Meat

Inspection Act (FMIA) from imposing any requirements with respect to

federally inspected premises and facilities, and operations of such

establishments, that are in addition to, or different than, those

imposed under the FMIA. States and local jurisdictions are also

preempted under the FMIA from imposing any marking, labeling,

packaging, or ingredient requirements on federally inspected meat or

meat food products that are in addition to, or different than, those

imposed under the FMIA. States and local jurisdictions may, however,

exercise concurrent jurisdiction over meat products that are outside

official establishments for the purposes of preventing the distribution

of meat products that are misbranded or adulterated under the FMIA or,

in the case of imported articles, which are not at such an

establishment, after their entry into the United States. States and

local jurisdictions may also make requirements or take other actions

that are consistent with the FMIA, with respect to any other matters

regulated under the FMIA.

Under the FMIA, States that maintain meat inspection programs must

impose requirements on State-inspected products and establishments that

are at least equal to those required under the FMIA. These States may,

however, impose more stringent requirements on such State-inspected

products and establishments.

No retroactive effect will be given to this final rule, and

applicable administrative procedures must be exhausted before any

judicial challenge can be taken to the application of these provisions.

Those administrative procedures are set forth in 9 CFR 306.5.

Effect on Small Entities

The Administrator has determined that this final rule will 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 use of the carbon dioxide (CO2) slaughtering methods is

voluntary. FSIS is not aware of any domestic establishments that are

currently planning to use this swine slaughtering method. Even if some

establishments decide to use the method, there is no indication that a

substantial number of establishments will. There will be no impact on

entities other than establishments engaged in the slaughter of swine

and the sale of swine carcasses and parts for human food. A significant

investment will be required by large or small entities establishing

CO2 slaughtering facilities. Inspection program experts estimate

that an investment of $50,000 to $100,000 per slaughtering line would

be necessary, depending on the size and complexity of the

establishment. The decision to make this initial investment will be

entirely up to the establishment, although this rule authorizing

CO2 slaughtering of swine could be a factor in making the

decision. This investment could be more than offset by a reduction in

manpower required for restraining, stunning, and handling hogs after

stunning.

Further, the improvement in meat quality, which advocates of the

CO2 process claim, could lead to a greater amount of saleable

product. Because the hogs are much more relaxed when slaughtered with

CO2 than they are when slaughtered by current methods, a number of

desirable characteristics are imparted to the meat. The amount of pale,

soft, exudative pork, considered undesirable by meat buyers, is reduced

under the process, as well as blood spattering and broken bones. Also,

less effort is expended on trimming and the removal of quality defects.

No adverse competitive effects on small entities resulting from

adoption of the rule are anticipated. Because the equipment needed for

establishments to benefit from CO2 slaughtering is available in a

range of prices, larger establishments choosing to use this method will

not receive greater proportional advantages than smaller ones choosing

to do the same. For the reasons discussed above, the rule will not have

a significant impact on a substantial number of small entities.

Paperwork Requirements

This final rule imposes no new information collection requirements

on official establishments or other members of the public. Under the

rules for the use of carbon dioxide to anaesthetize animals before

slaughter, establishments are required to sample gas for analysis from

representative locations within the gas tunnels which convey the

animals. Gas concentrations and exposure times are to be recorded

throughout each day's operations. These records are subject to FSIS's

standard records retention requirement at 9 CFR 320.3 and must be

available to employees of the inspection service. These carbon dioxide

monitoring requirements are continued under this final rule.

Background

Under the Humane Slaughter Act (HSA) of 1958 (7 U.S.C. 1901-1906),

as amended, the Secretary of Agriculture is authorized to designate

humane methods of handling and slaughter of food animals. The HSA

(section 2 (a) ) sets forth in number of methods of handling and

slaughtering that have been found to be human, including the

anaesthetization of animals by electrical or chemical means before they

are shackled, hoisted, thrown, cast, or cut. These methods are

available to slaughtering establishments under the FMIA (section 3; 21

U.S.C. 603).

FSIS was petitioned by the Danish and Swedish Meat Research

Institute to amend the Federal meat inspection regulations to permit

the use of CO2 for the purpose of inducing death in swine. The

petitioners based their request on studies demonstrating the beneficial

effects of this method on meat quality and the efficient handling of

slaughter swine. Some Danish firms that export product to the Untied

States are planning to install systems for slaughtering swine with

CO2, and FSIS believes it may be potentially beneficial to U.S.

industry to make generally available the option of this use of

CO2.

The use of CO2 gas for stunning has been permitted since the

early 1900's and is permitted by the HSA. Animals to be anaesthetized

by this method are placed on a conveyor and passed through tunnels

filled with the gas. They are moved through the tunnels at such a slow

rate that they are unconscious when they emerge. They are then

shackled, hoisted, stuck, and bled out.

In the last two decades, reports in the scientific literature have

shown that the stunning of slaughter animals by the administration of

CO2 gas is just as effective as electrical stunning. There is

little or no difference between the two methods in the amount of stress

inflicted on the animal. Whichever method is used, animals should be

carefully handled before slaughter to reduce stress, and sticking

(exsanguination) should take place as soon as possible after stunning

to prevent a return to consciousness.

With respect to the administration of CO2, it has been

demonstrated that if the concentration of the gas in the tunnels is

increased, death ensues. Other effects, including fewer injuries to the

animals or establishment employees, have also been noted. Depending on

the facilities and equipment used and the technique of administration,

CO2 stunning of swine can yield meat that has improved color,

carcasses with fewer broken bones and blood spots in the most desired

cuts, less pale, soft, exudative pork, and higher boning and cutting

yields.

Studies have shown that the necessary conditions for death to take

place are a 95-98 percent CO2 concentration and an exposure time

of 3.5 minutes. The death-to-bleeding interval should be no longer than

2 minutes to prevent pooling of blood in intestines and edible organs

and no longer than 5 minutes to prevent the pooling of blood in muscle

tissue.

Under the FMIA, only those foreign establishments that have

complied with inspection standards ``at least equal to'' those enforced

domestically by the United States Government may export product to this

country. An establishment in which slaughter methods are used that are

prohibited by regulations under the FMIA is not eligible to export

product to the United States. Without the change in the regulations

effected by this final rule, an establishment using CO2 to induce

death in swine would be unable to export pork products to the United

States.

Comments on the Proposed Rule

On September 10, 1993, FSIS published in the Federal Register (58

FR 47673) a proposed rule to amend the Federal meat inspection

regulations to allow official establishments to induce death in swine

by the use of carbon dioxide. The Agency received two comments, one

from an industry consultant, and one from a swine processor. Both

commenters supported the proposed change in the regulations, citing

research indicating the process is safe and humane. One of the

commenters expressed the belief that use of the carbon dioxide

slaughter process would encourage operators and suppliers to develop

improved methods of handling and slaughtering swine.

Final Rule

The Agency is, therefore, amending Sec. 313.5 of the Federal meat

inspection regulations to remove the prohibition against the use of

CO2 as a direct cause of asphyxiation or death in swine and

provide for monitoring of the conditions under which slaughter by use

of CO2 gas is administered. This amendment is consistent with the

main purpose of the HSA, which is to render animals insensible to pain

before slaughter. The change will not require swine to be asphyxiated

by CO2 before bleeding, but will permit exposure to concentrations

of the gas for a sufficient amount of time for death to occur. In

addition, the requirement for a suitable exhaust system (9 CFR 313.5

(b)(3)) has been amended to more accurately state the system's purpose,

which is, in case of equipment breakdown, to prevent both nonuniform

carbon dioxide concentrations in the gas tunnel and leakage of carbon

dioxide gas into the ambient air of the establishment.

List of Subjects in 9 CFR Part 313

Humane slaughter of livestock, Meat inspection.

For the reasons set out in the preamble, 9 CFR part 313 of the

Federal meat inspection regulations is amended as follows:

PART 313--HUMANE SLAUGHTER OF LIVESTOCK

1. The authority citation for part 313 continues to read as

follows:

Authority: 7 U.S.C. 1901-1906; 21 U.S.C. 601-695; 7 CFR 2.17,

2.55.

2. Paragraph (a)(1) of Sec. 313.5 is amended by adding a new last

sentence; paragraphs (a)(3), (b)(1)(i), and the last sentence of

paragraph (b)(3) are revised to read as follows:

Sec. 313.5 Chemical; carbon dioxide.

* * * * *

(a) * * *

(1) * * * In swine, carbon dioxide may be administered to induce

death in the animals before they are shackled, hoisted, thrown, cast,

or cut.

(2) * * *

(3) On emerging from the carbon dioxide tunnel, the animals shall

be in a state of surgical anaesthesia and shall remain in this

condition throughout shackling, sticking, and bleeding, except for

swine in which death has been induced by the administration of carbon

dioxide. Asphyxia or death from any cause shall not be produced in

animals before bleeding, except for swine in which death has been

induced by the administration of carbon dioxide.

(b) * * *

(1) * * *

(i) The carbon dioxide gas shall be administered in a tunnel which

is designed to permit the effective exposure of the animal. Two types

of tunnels, based on the same principle, are in common use for carbon

dioxide anesthesia. They are the ``U'' type tunnel and the ``Straight

Line'' type tunnel, and are based on the principle that carbon dioxide

gas has a higher specific gravity than air. The tunnels are open at

both ends for entry and exit of animals and have a depressed central

section. Anesthetizing, or, in the case of swine, death-inducing,

carbon dioxide concentrations are maintained in the central sections of

the tunnels. Effective anaesthetization is produced in these central

sections. Animals are driven from holding pens through pathways

constructed of large-diameter pipe or smooth metal and onto continuous

conveyor devices that move the animals through the tunnels. The animals

are either compartmentalized on the conveyors by mechanical impellers

synchronized with the conveyor or they are otherwise prevented from

crowding. While impellers are used to compartmentalize the animals,

mechanically or manually operated gates are used to move the animals

onto the conveyors. Surgically anaesthetized animals, or killed swine,

are moved out of the tunnels by the same continuous conveyors that

moved them into and through the carbon dioxide gas.

(2) * * *

(3) * * * An exhaust system must be provided so that, in case of

equipment failure, non-uniform carbon dioxide concentrations in the gas

tunnel or contamination of the ambient air of the establishment will be

prevented.

Done at Washington, DC, on April 19, 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10035 Filed 4-25-94; 8:45 am]

BILLING CODE 3410-DM-M