Use of Liquid Nitrogen for Contact Freezing of Meat and Meat Products

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 318

[Docket No. 96-023DF]

RIN 0583-AC14

Use of Liquid Nitrogen for Contact Freezing of Meat and Meat

Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) will permit the

use of liquid nitrogen for the contact freezing of meat and meat

products. The use of liquid nitrogen to contact freeze poultry and

poultry products is already permitted and the effects are the same. The

substance is completely safe for the consumer, and, with the use of

reasonable safety precautions as prescribed by Occupational Safety and

Health Administration (OSHA) standards, safe for inspectors and workers

in the establishment as well.

EFFECTIVE DATE: This rule will be effective on July 21, 1997, unless

adverse or critical comments within the scope of the rulemaking or

notice of intent to submit adverse comments within the scope of the

rulemaking are received on or before June 23, 1997.

ADDRESSES: Send an original and two copies of adverse written comments

within the scope of the rulemaking to: FSIS Docket Clerk, DOCKET #96-

023DF, Room 102 Cotton Annex Building, 300 12th Street, SW, Food Safety

and Inspection Service, U.S. Department of Agriculture, Washington, DC

20250-3700. Data submitted by the petitioner and all comments received

will be available for public inspection from 8:30 a.m. to 1:00 p.m.,

and from 2:00 p.m. to 4:30 p.m., Monday through Friday, in the FSIS

Docket Room.

FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director,

Facilities, Equipment, Labeling, and Compounds Review Division, (202)

418-8900.

SUPPLEMENTARY INFORMATION: BOC Gases petitioned the Department to

change the Federal meat inspection regulations to permit liquid

nitrogen to be used for the contact freezing of meat and meat products.

The petitioner made the point that this substance is already permitted

to contact freeze poultry and poultry products under the poultry

products inspection regulations. In addition, the petitioner submitted

correspondence from the Food and Drug Administration (FDA) which

indicated that liquid nitrogen is generally recognized as safe for use

as a propellant, aerating agent and gas under 21 CFR 184.1540. Although

not specifically listed as a freezant, FDA has advised that it does not

object to the use of liquid nitrogen as a freezant, so long as it is of

a purity suitable for its intended use. FSIS also knows of no food

safety concerns with respect to this substance.

Further, because the liquid nitrogen has a temperature of -320

deg.F, such chilling is ideal for achieving rapid freezing which halts

bacterial growth, thus both increasing food safety by inhibiting the

multiplication of pathogens and improving shelf life and meat quality

by inhibiting spoilage organisms. The possibility of cross

contamination from exchange of marinade or breading is virtually

nonexistent because of the extremely fast chill, creating an immediate

stabilization of the exterior surfaces upon contact.

Liquid nitrogen is an asphyxiant and is dangerously cold. However,

the Occupational Safety and Health Administration (OSHA) requirements

include a 19% oxygen atmosphere and the use of venting and warning

signs to prevent human exposure. This method of chilling has been used

in a number of poultry plants for some time without incident.

Therefore, FSIS is amending the table of approved substances in 9

CFR 318.7 (c)(4) to allow the use of liquid nitrogen as a contact

freezant for meat and meat products. FSIS expects no adverse public

reaction from this change in regulatory language. Therefore, unless the

Agency receives adverse or critical comments within the scope of the

rulemaking or a notice of intent to submit adverse comments within 30

days, the action will become final 60 days after publication in the

Federal Register. If such adverse comments are received, the final

rulemaking will be withdrawn and a proposed rulemaking notice will be

published. The proposed rulemaking notice will establish a comment

period.

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

regulation 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.

[[Page 27941]]

Executive Order 12866 and the Regulatory Flexibility Act

This final rule has been determined to be not significant and,

therefore, has not been reviewed by the Office of Management and

Budget.

The Administrator has made an initial determination that this

direct 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 direct final rule will permit the

use of liquid nitrogen as a contact freezant for meat and meat

products. Use of this freezant is voluntary. Because the freezant does

not add anything to the product ingredients, a label change is not

required. Decisions by individual manufacturers on whether to use this

freezant will be based on their conclusions as to whether the benefits

of use of this freezant outweigh the costs, including following the

safety precautions mandated by OSHA.

List of Subjects in 9 CFR Part 318

Food additives, Meat inspection.

Final Rule

For the reasons discussed in this preamble, FSIS is amending 9 CFR

part 318 as follows:

PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND

PREPARATION OF PRODUCTS

1. The authority citation for part 318 continues 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. In the chart in Sec. 318.7 (c)(4), under the Class of Substance

``Gases'' a new entry for the substance ``liquid nitrogen'' is added

right after ``carbon dioxide solid (dry ice)'' to read as follows:

Sec. 318.7 Approval of substances for use in the preparation of

products.

* * * * *

(c) * * *

(4) * * *

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Class of substance Substance Purpose Products Amount

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* * * * * *

*

Gases

* * * * * *

*

Liquid nitrogen.. Contact freezant. Various.......... Sufficient for

purpose.

* * * * * *

*

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Done at Washington, DC, on May 14, 1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97-13408 Filed 5-21-97; 8:45 am]

BILLING CODE 3410-DM-P