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: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is amending the

regulations governing the voluntary poultry and rabbit grading

programs. The revisions 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 processing

technology and marketing. This rule updates the regulations to reflect

these changes.

DATES: This rule is effective August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Douglas C. Bailey, Chief,

Standardization Branch, (202) 720-3506.

SUPPLEMENTARY INFORMATION: This 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 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 is 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'' is changed to

``feathers.'' These changes merely reflect current practices and should

not have any additional economic impact on entities using voluntary

poultry grading services.

Poultry and rabbit processors will be allowed to use a shield

displayed in three colors on packaging materials to officially identify

USDA graded poultry and rabbits. Similarly, producers of products

originating from A quality poultry, for which there are no U.S. grade

standards, will be allowed to use a ``Prepared From'' grademark on

packaging materials. The use of these alternative forms of the USDA

grademark gives processors greater flexibility in packaging and

marketing their products. Since these alternative grademarks are used

at the processors' discretion, any economic impact caused by their use

is by the choice of the processors.

Changing the sampling plan will 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

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

changes will 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

will not have a significant impact on a substantial number of small

entities.

Background and Comments

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. Changes in processing technology and marketing require

that the regulations governing poultry and rabbit grading be updated

from time to time.

A proposed rule to amend the voluntary poultry and rabbit grading

regulations was published in the Federal Register (62 FR 63471) on

December 1, 1997. Comments on the proposed rule were solicited from

interested parties until January 30, 1998. During the 60-day comment

period, the Agency received one comment. It was from a State department

of agriculture in support of the proposed changes.

Freedom from feathers is one of the factors considered in poultry

grading. In the definition Free from protruding pinfeathers, diminutive

feathers, or hairs (Sec. 70.1), the words ``pinfeathers'' and

``diminutive'' are removed. 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'' is

changed to ``feathers.''

The Agency will permit the use of alternative grademarks

(Sec. 70.51) so that processors wanting to use them 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 could use a new grademark that

contains 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, could use a ``Prepared From''

grademark on the

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specialized poultry products. The section is also reorganized for

clarity.

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 is 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 is 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 as that required by USDA's Food

Safety and Inspection Service at all of their inspection stations.

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.

For reasons set forth in the preamble, Title 7, Code of Federal

Regulations part 70 is 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:

2. The authority citation for part 70 continues to read as follows:

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

3. 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.

* * * * *

4. Section 70.51 is 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 grademarked. 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 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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[GRAPHIC] [TIFF OMITTED] TR30JY98.000

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5. In Sec. 70.80, the chart is 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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6. In Sec. 70.110, paragraph (b) is 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: July 23, 1998.

Enrique E. Figueroa,

Administrator, Agricultural Marketing Service.

[FR Doc. 98-20321 Filed 7-29-98; 8:45 am]

BILLING CODE 3410-02-P