Continuous Chilling of Split Poultry Portions

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 95-011P]

RIN 0583-AB95

Continuous Chilling of Split Poultry Portions

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: FSIS is proposing to amend the poultry products inspection

regulations to specify that the continuous immersion chilling of the

front or rear portions of transversely-split carcasses is permitted.

The existing regulations permit the continuous

[[Page 31018]]

chilling of whole carcasses or ``major portions,'' including front or

rear portions, resulting from trimming or salvage. This proposal would

define ``major portions'' to include the front or rear portions of

transversely-split carcasses, without identifying the operation

creating the portions. The proposed change would afford additional

flexibility to poultry establishments in adopting efficient production

techniques, such as on-line carcass splitting, that meet food safety

performance standards. This proposal is compatible with FSIS

initiatives addressing fecal contamination and moisture absorption of

raw poultry products.

DATES: Comments must be received on or before August 5, 1997.

ADDRESSES: Send an original and two copies of comments to FSIS Docket

Clerk, DOCKET #95-011P, Room 3806, 1400 Independence Avenue, SW,

Washington, DC 20250-3700. Reference material 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 p.m. and from 2 p.m. to 4:30

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dr. Alice Thaler, Chief, Concepts and

Design Branch, Inspection Methods Development Division, Office of

Policy, Program Development, and Evaluation, (202) 720-3219.

SUPPLEMENTARY INFORMATION:

Background

The existing regulations governing the chilling of poultry

carcasses and parts were developed in the late 1960's, when the most

popular form of ready-to-cook poultry consumed in the United States was

the whole bird. Since that time, the market demand and the variety of

poultry products have greatly expanded. With that expansion, the demand

for poultry parts and further processed products relative to whole

poultry carcasses has increased. To illustrate this change: in 1969,

when over 2 billion pounds of young chickens were federally inspected

and passed, 71 percent of the chickens were marketed as whole

carcasses, 25 percent were cut up or sold as parts, and 4 percent were

further processed. In 1992, when 21 billion pounds were inspected and

passed, 15 percent were marketed as whole carcsses, while 55 percent

were sold as parts, and 30 percent were further processed.

The trend continues. In 1995, when 23 billion pounds were produced,

10.7 percent were sold as whole birds, 53 percent were cut-up, and 36.3

percent were further processed. It is estimated that currently only 10

percent of young chickens is being marketed whole, while 53 percent is

``cut up'' and 37 percent is further processed.

The poultry industry has sought ways of improving production

efficiency to meet the steadily increasing demand. One improvement

involves splitting the dressed poultry carcasses transversely, into

front and rear sections, after evisceration.

After chilling, the split carcasses can be routed to the cut-up

operation in the same establishment or they can be packaged and

shipped. All raw poultry products, whether white meat or dark meat,

must be chilled to a safe temperature before being shipped from the

establishment. For those split carcass portions that are shipped

directly after chilling, the establishment avoids some in-plant

handling costs and reduces the time-to-market for the split carcass

portions. If the split portions are to be cut up or further processed

on the same premises, the establishment gains some production

flexibility that is related to the different characteristics of the

front and rear portions. The front portion, including the breast and

wings, is mostly white meat; the rear section, including the lower back

and legs, is mostly dark meat. The front portion is commonly chilled on

the bone to prevent a condition known as ``cold shortening,'' a

contraction of the muscle tissues that would make hand deboning prior

to chilling infeasible. If deboned before being chilled, the resulting

poultry meat would be too tough for many uses. Chilling on the bone

limits the muscle tissue contraction and preserves the tenderness of

the meat.

The rear, or dark-meat portion, however, is less susceptible to

cold shortening, and can either be routed to the cutting room and

``hot-deboned,'' i.e., deboned without first being chilled, or it can

be run through the chiller before being packaged and shipped. The dark

meat is used in a variety of popular products, including salami and

turkey ham. There is an obvious advantage to the establishment in

having the dark raw poultry meat available for further processing

without the delay of chilling. In any event, hot-deboned product is

chilled within two hours of the time of slaughter and dressing.

There is a potential food safety advantage to splitting poultry

carcasses. Since the smaller the object to be cooled, the faster its

temperature drops, a split carcass portion can be cooled more quickly

than a whole carcass. Decreasing the cooling time significantly

diminishes the period in which the carcass portion is in the ``danger

zone,'' the temperature range favorable for the growth of microbial

populations.

Another potential food safety advantage from transversely splitting

the carcass is that the interior of split carcass portions is more

visible than the interior of whole carcasses. Federal inspectors and

establishment employees would be able to conduct a better visual

inspection of the interior cavity of split carcasses than of whole

carcasses. In this regard, the establishment could situate the

splitting operation on the production line before the location where

the required pre-chill finished product standards (FPS) tests are

performed. With a better view of the carcass interior, the

establishment could conduct more effective FPS tests. Long-term

improvements in process control as well as a better, safer product

could result.

One particular advantage of transversely splitting carcasses could

be an improved chance, while conducting the FPS test, of observing

contamination by feces or extraneous material and of acting to prevent

such contamination. This would be especially helpful in carrying out

regulations FSIS recently published (62 FR 4139, February 4, 1997) that

establish a ``zero tolerance'' for feces on raw poultry carcasses

entering the chiller. The ``zero tolerance'' will be applied during

pre-chill FPS tests on both split carcasses and whole carcasses.

Section 381.66(c)(2)(iv) of the regulations permits the continuous

chilling of ``parts of major size, either front or rear portions,

wherein the major portion of the poultry carcass remains intact,'' as

long as such portions were created by trimming or salvage operations.

Trimming operations remove some part of a poultry carcass. For example,

a broken wing may be trimmed from a breast. Salvage operations, on the

other hand, are intended to save a portion of the carcass by cutting it

away from an unacceptable portion. An example of a salvage procedure is

the splitting of the carcass into front and rear portions to save the

breast portion while condemning the rear portion that has become

adulterated. Section 381.66(c)(2)(iv) of the current poultry products

inspection regulations permits such major portions resulting from

partial trimming or salvage operations to be chilled in a continuous

chiller.

Some have interpreted the regulations as not permitting the

immersion chilling of split poultry portions that were created other

than by trimming or salvage. The regulations were developed during the

late 1960's and reflect the

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production and market conditions of that period. In those days, as

stated above, poultry industry operations were oriented primarily

toward the marketing of whole birds. The regulations provide for the

handling of useable portions of carcasses that cannot be marketed as

whole birds. The ``parts of major size'' or ``major portions'' referred

to in the regulations were typically the result of a trimming or

salvage procedure and were available for sale as parts or for further

processing, which at that time constituted the smaller part of the raw

poultry market.

The regulations governing the chilling of poultry parts, including

the provisions addressing ``major portions,'' were intended to prevent

the marketing of products containing excessive moisture. This form of

adulteration might occur if individual poultry parts, such as

drumsticks, thighs, split breasts, or split halves (carcasses split

longitudinally along the sternum into ``mirror image'' portions) were

permitted to be cooled in continuous immersion chillers. Under most

current processing conditions, such individual parts are likely to

absorb more water than ``major portions.'' These individual parts may

be cooled only in the air, in ice, or under a spray of water with

continuous draining.

On the other hand, whole carcasses and major portions of carcasses

may be cooled in continuous chillers, provided that the moisture

absorption limits prescribed in the regulations are not exceeded. Like

the whole carcass, the front or rear portions of transversely split

carcasses absorb incidental amounts of moisture when placed in

continuous chillers. This is true whether the portion was created by

trimming, salvage operation, or a procedure such as on-line carcass-

splitting.

Establishments that have tested split-carcass processing methods

under FSIS supervision have achieved favorable results in keeping water

absorption low, in chilling product rapidly to a safe temperature, and

in maintaining product wholesomeness. Proper application of these

carcass splitting methods yields product that is not adulterated.

FSIS has determined that the regulatory provision for chilling

major portions should be reworded to specifically include transversely

split carcass portions, as described above, regardless of the operation

which created the portions. The Agency is proposing to modify the

definition of ``major portion'' to include these split-carcasses and

carcasses from which small pieces have been removed. This proposal

would not affect the existing regulatory restrictions on the chilling

of individual parts.

This proposal concerns the application of existing moisture

retention and absorption standards to split carcass portions, rather

than the standards, themselves. FSIS is developing proposed regulations

addressing the current regulatory limits on moisture absorption and

retention in dressed poultry carcasses and parts.

This proposed rule is limited to clarifying the regulations to

accommodate the processing of splitting poultry carcasses. The proposal

would amend the chilling requirement at Sec. 381.66(b)(2) to apply both

to whole carcasses and to major portions, as defined at proposed

Sec. 381.170(b)(22) to include transversely-split carcasses. Section

381.66(b)(2) would also be amended to refer to the new

Sec. 381.170(b)(22) rather than to Sec. 381.66(c)(2)(iv).

This proposed rule would also amend Sec. 381.66(c)(2)(iv) by

removing the word ``carcasses'' from the term ``split carcasses'' and

replacing it with ``halves.'' ``Split halves'' is a term widely used in

the poultry industry to denote the left and right halves of a poultry

carcass divided lengthwise. The amended paragraph would continue to

prohibit the continuous chilling of split halves.

FSIS would continue to require establishments creating split

carcass portions to meet the same moisture absorption and retention

limits for split as for whole carcasses. These limits are set forth in

9 CFR 381.66(d)(3), Table 3, and 381.66(d)(4)(ii).

Finally, FSIS is proposing, at proposed Sec. 381.170(b)(22), to

define ``major portions'' as carcasses from which small parts may be

missing, or the front or rear portions of transversely split carcasses.

As mentioned, the amended Sec. 381.66(b)(2) would refer to the new

definition.

Executive Order 12866

This proposed rule has been determined to be not significant and

was not reviewed by the Office of Management and Budget under Executive

Order 12866.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. States and local jurisdictions are preempted by

the Poultry Products Inspection Act (PPIA) from imposing any marking or

packaging requirements on federally inspected poultry products that are

in addition to, or different than, those imposed under the PPIA. States

and local jurisdictions may, however, exercise concurrent jurisdiction

over poultry products that are outside official establishments for the

purpose of preventing the distribution of poultry products that are

misbranded or adulterated under the PPIA, or, in the case of imported

articles, which are not at such an establishment, after their entry

into the United States.

This proposed rule is not intended to have retroactive effect.

There are no applicable administrative procedures that must be

exhausted prior to any judicial challenge to the provisions of this

proposed rule. However, the administrative procedures specified in 9

CFR 381.35 must be exhausted prior to any judicial challenge of the

application of the provisions of this proposed rule, if the challenge

involves any decision of an FSIS employee relating to inspection

services provided under the PPIA.

Effect on Small Entities

The Administrator has made an initial determination that this

proposed 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). This proposed rule will not impose any

additional requirements on poultry processors. Compliance with this

proposed rule is voluntary; poultry processors that intentionally split

poultry carcasses into major portions as a result of a trimming or

salvage operation do not have to cool the product using ice and water

in a continuous chiller. They may cool major portions using air, ice,

or under a spray of water with continuous drainage. Poultry processors

opting to chill major parts resulting from production techniques such

as on-line carcass-splitting could do so in a continuous ice and water

chiller. This would allow them to appropriately handle the separated

carcass portions immediately after splitting. The white meat portion

could immediately be chilled to the proper temperature for further

processing or direct sale to consumers, while the dark meat portion,

which is usually processed, could be directly deboned and used in

further processed cooked products.

List of Subjects in 9 CFR Part 381

Poultry and poultry products.

For the reasons set forth in the preamble, FSIS is proposing to

amend 9 CFR part 381 as follows:

[[Page 31020]]

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

1. The authority citation for part 381 would continue to read as

follows:

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR

2.18, 2.53.

2. Section 381.66 is amended by revising the first sentence of

paragraph (b)(2); by revising the first and second sentences of

paragraph (c)(2)(iv) and, in the last sentence of (c)(2)(iv), by

removing the words ``from salvage operations,'' and by replacing the

word ``carcasses'' with the word ``halves'' to read as follows:

Sec. 381.66 Temperatures and chilling and freezing procedures.

* * * * *

(b) * * *

(2) Major portions of poultry carcasses, as defined in

Sec. 381.170(b)(22), and poultry carcasses shall be chilled to 40 deg.

F. or lower within the times specified below: * * *

* * * * *

(c) * * *

(2) * * *

(iv) Major portions of poultry carcasses, as defined in

Sec. 381.170(b)(22), may be chilled in water and ice, including

chilling in continuous chillers. * * *

* * * * *

3. Paragraph (b)(22) is added to Sec. 381.170 to read as follows:

Sec. 381.170 Standards for kinds and classes, and for cuts of raw

poultry.

* * * * *

(b) * * *

(22) ``Major portions'' of eviscerated poultry carcasses are either

carcasses from which parts may be missing, or the front or rear

portions of transversely split carcasses.

Done at Washington, DC, on May 29, 1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97-14875 Filed 6-5-97; 8:45 am]

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