Voluntary Poultry and Rabbit Grading Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 70

[Docket No. PY-97-004]

Voluntary Poultry and Rabbit Grading Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend the

regulations governing the voluntary poultry and rabbit grading

programs. The proposed revisions would simplify the definition about

feathers on poultry, provide an alternative grademark for poultry and

rabbit products, provide for the use of a ``Prepared From'' grademark

to officially identify specialized products that originate from

officially graded poultry, change the sample plan used by graders, and

increase the lighting intensity required at grading stations. From time

to time, sections in the regulations are affected by changes in poultry

processing technology. This rule updates the regulations to reflect

these changes.

DATES: Comments must be received on or before January 30, 1998.

ADDRESSES: Send written comments to Douglas C. Bailey, Chief,

Standardization Branch, Poultry Division, Agricultural Marketing

Service, U.S. Department of Agriculture, Stop 0259, 1400 Independence

Avenue, SW, Washington, D.C. 20250-0259. Comments received may be

reviewed at this location between 8:00 a.m. and 4:30 p.m., Eastern

Time, Monday through Friday, except holidays. State that your comments

refer to Docket No. PY-97-004.

FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch,

202-720-3271.

SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be

not significant for purposes of Executive Order 12866 and has not been

reviewed by the Office of Management and Budget (OMB).

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. This action is not intended to have retroactive

effect. This rule will 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.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (RFA), AMS has considered the economic impact of this

action on small entities as defined in the RFA (5 U.S.C. 601). There

are some 200 plants using the Agency's voluntary poultry grading

services and many of them are small entities.

The definition Free from protruding pinfeathers, diminutive

feathers, or hairs would be simplified by removing the words

``pinfeathers'' and ``diminutive,'' words no longer commonly used when

discussing feathers and poultry quality. Additionally, in the

definition for Ready-to-cook poultry, the word ``pinfeathers'' would be

changed to ``feathers.'' These changes merely reflect current practices

and should not have any additional economic impact on entities using

voluntary poultry grading services.

One proposal would allow poultry and rabbit processors to use a

shield displayed in three colors as an alternative form of the USDA

grademark to officially identify USDA graded products. Similarly,

another proposal would allow producers of products originating from A

quality poultry, for which there are no U.S. grade standards, to use a

``Prepared From'' grademark on packaging materials. These proposals

would give processors greater flexibility in packaging and marketing

their products. Since it is at the processors' discretion to use these

proposals, any economic impact caused by these proposals will be by the

choice of the processors.

Changing the sampling plan would enable graders to select a more

representative sample upon which to base grading decisions. The

economic impact should be no greater than under the current sampling

plan. Increasing the lighting intensity required at grading stations

would enhance the grader's ability to visually evaluate products. Both

proposals would provide processors with fairer, more accurate

evaluations. Better lighting could also help avoid the economic burden

of reprocessing product or diverting product unnecessarily downgraded

because of inadequate lighting. The costs, if any, for increasing the

lighting intensity should be minor.

For the above reasons, the Agency has certified that this action

would have no economic impact on small entities.

Background and Proposed Changes

Poultry and rabbit grading are voluntary programs provided under

the Agricultural Marketing Act of 1946, as amended, and are offered on

a fee-for-service basis. They are designed to assist the orderly

marketing of poultry and rabbits by providing for the official

certification of quality, quantity, class, temperature, packaging, and

other factors. Changing processing technology requires that the

regulations governing poultry and rabbit grading be updated.

Freedom from feathers is one of the factors considered in poultry

grading. The definition Free from protruding pinfeathers, diminutive

feathers, or hairs (Sec. 70.1) would be revised by removing the words

``pinfeathers'' and ``diminutive.'' These words are no longer commonly

used when discussing feathers and poultry quality. Nor are they needed

to achieve the quality standards set by the regulations. To be

consistent, in the definition Ready-to-cook poultry, the word

``pinfeathers'' would be changed to ``feathers.''

The Agency is proposing to permit the use of alternative grademarks

(Sec. 70.51) so processors can have additional flexibility in packaging

and marketing their products. Processors wanting to use a USDA

grademark to identify their consumer-pack USDA graded poultry and

rabbit products would have the option of using the current grademark or

a proposed grademark containing horizontal bands of three colors.

Processors who use USDA Grade A poultry to produce specialized poultry

products, for which there are no U.S. grade standards, would be

permitted to use a ``Prepared From'' grademark on the specialized

products. The proposal would also reorganize the section for clarity.

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The regulations contain a sampling plan to guide graders when they

select samples upon which to base grading decisions (Sec. 70.80(b)).

The sampling plan would be changed so that the sample size more closely

reflects the size of the lot being sampled, thereby fostering a more

representative sample of each lot.

The regulations also specify the lighting intensity required at

grading stations in the processing plants (Sec. 70.110). The lighting

intensity would be increased from 50-foot candles to 100-foot candles

to improve the graders ability to visually evaluate the products being

graded. This is the same intensity required by USDA's Food Safety and

Inspection Service at all of their inspection stations.

Effective December 4, 1995, the voluntary U.S. grade standards were

removed from the Code of Federal Regulations (CFR) as part of the

National Performance Review program to eliminate unnecessary

regulations and to improve those that remain in force. The voluntary

standards will continue to be administered by AMS and will maintain

their existing numbering system. Hence the voluntary poultry and rabbit

grade standards are referred to as AMS 70.200 et seq. and AMS 70.300 et

seq., respectively.

List of Subjects in 7 CFR Part 70

Food grades and standards, Food labeling, Poultry and poultry

products, Rabbits and rabbit products, Reporting and recordkeeping

requirements.

Accordingly, under the authority of Title 7, Chapter I, it is

proposed that 7 CFR part 70 be amended as follows:

PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS

1. The heading for part 70 is revised to read as set forth above.

1a. The authority citation for part 70 continues to read as

follows:

Authority: 7 U.S.C. 1621-1627.

2. In Sec. 70.1, the definition for Ready-to-cook poultry is

amended by removing the word ``pinfeathers'' and adding in its place

the word ``feathers'' and the definition for Free from protruding

pinfeathers, diminutive feathers, or hairs is revised to read as

follows:

Sec. 70.1 Definitions.

* * * * *

Free from protruding feathers or hairs means that a poultry

carcass, part, or poultry product with the skin on is free from

protruding feathers or hairs which are visible to a grader during an

examination at normal operating speeds. However, a poultry carcass,

part, or poultry product may be considered as being free from

protruding feathers or hairs if it has a generally clean appearance and

if not more than an occasional protruding feather or hair is evidenced

during a more careful examination.

* * * * *

3. Section 70.51 would be revised to read as follows:

Sec. 70.51 Form of grademark and information required.

(a) Form of official identification symbol and grademark. (1) The

shield set forth in Figure 1 of this section shall be the official

identification symbol for purposes of this part and when used,

imitated, or simulated in any manner in connection with poultry or

rabbits, shall be deemed prima facia to constitute a representation

that the product has been officially graded for the purposes of

Sec. 70.2.

(2) Except as otherwise authorized, the grademark permitted to be

used to officially identify USDA consumer-graded poultry and rabbit

products shall be of the form and design indicated in Figures 2 through

4 of this section. The shield shall be of sufficient size so that the

printing and other information contained therein is legible and in

approximately the same proportion as shown in these figures.

(3) The ``Prepared From'' grademark in Figure 5 of this section may

be used to identify specialized poultry products for which there are no

official U.S. grade standards, provided that these products are

approved by the Agency and are prepared from U.S. Consumer Grade A

poultry carcasses, parts, or other products that comply with the

requirements of AMS Sec. 70.220. All poultry products shall be

processed and labeled in accordance with 9 CFR part 381.

(b) Information required on grademark. (1) Except as otherwise

authorized by the Administrator, each grademark used shall include the

letters ``USDA'' and the U.S. grade of the product it identifies, such

as ``A Grade,'' as shown in Figure 2 of this section. Such information

shall be printed with the shield and the wording within the shield in

contrasting colors in a manner such that the design is legible and

conspicuous on the material upon which it is printed.

(2) Except as otherwise authorized, the bands of the shield in

Figure 4 of this section shall be displayed in three colors, with the

color of the top, middle, and bottom bands being blue, white, and red,

respectively.

(3) The ``Prepared From'' grademark in Figure 5 of this section may

be any one of the designs shown in Figures 2 through 4 of this section.

The text outside the shield shall be conspicuous, legible, and in

approximately the same proportion and close proximity to the shield as

shown in Figure 5 of this section.

(c) Products that may be individually grade marked. The grademarks

set forth in Figures 2 through 4 of this section may be applied

individually to ready-to-cook poultry, rabbits, and specified poultry

food products for which consumer grades are provided in the U.S.

Classes, Standards, and Grades for Poultry and Rabbits, AMS

Secs. 70.200 and 70.300 et seq., respectively, or to the containers in

which such products are enclosed for the purpose of display and sale to

household consumers, only when such products qualify for the particular

grade indicated in accordance with the consumer grades.

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4. In Sec. 70.80, the table would be revised to read as follows:

Sec. 70.80 General.

* * * * *

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Containers in lot Containers in sample

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1-4....................................... All.

5-50...................................... 4

51-100.................................... 5

101-200................................... 6

201-400................................... 7

401-600................................... 8

For each additional 100 containers, or Include one additional

fraction thereof, in excess of 600 container.

containers.

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5. In Sec. 70.110, paragraph (b) would be revised to read as

follows:

Sec. 70.110 Requirements for sanitation, facilities, and operating

procedures in official plants.

* * * * *

(b) With respect to grading services, there shall be a minimum of

100-foot candles of light intensity at grading stations; and acceptable

means, when necessary, of maintaining control and identity of products

segregated for quality, class, condition, weight, lot, or any other

factor which may be used to distinguish one type of product from

another.

Dated: November 20, 1997.

Thomas A. O'Brien,

Acting Administrator, Agricultural Marketing Service.

[FR Doc. 97-31178 Filed 11-28-97; 8:45 am]

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