[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50228-50230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20433]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS-2015-0026]
Classes of Poultry
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the definition and standard of identity for the ``roaster'' or
``roasting chicken'' poultry class to better reflect the
characteristics of ``roaster'' chickens in the market today.
``Roasters'' or ``roasting chickens'' are described in terms of the age
and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and
management techniques have continued to reduce the grow-out period and
increased the RTC weight for this poultry class. Therefore, FSIS is
proposing to amend the ``roaster'' definition to remove the 8-week
minimum age criterion and increase the RTC carcass weight from 5 pounds
to 5.5 pounds. This action is being taken in response to a petition
submitted by the National Chicken Council.
DATES: Comments must be received on or before October 19, 2015.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments. This Web site
provides the ability to type short comments directly into the comment
field on this Web page or attach a file for lengthier comments.
Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, Patriots
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A,
Washington, DC 20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3,
355 E Street SW., Room 8-163A, Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2015-0026. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
Docket: For access to background documents or comments received, go
to the FSIS Docket Room at Patriot's Plaza 3, 355 E St. SW., Room 8-
136A, Washington, DC between 8:00 a.m. and 4:30 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director, FSIS
Labeling and Program Delivery Division, Phone: (301) 504-0878, Fax:
(202) 245-4795.
SUPPLEMENTARY INFORMATION:
Background
The Poultry Products Inspection Act (PPIA) prohibits the
distribution of poultry products that are adulterated or misbranded (21
U.S.C. 458). The PPIA also authorizes the Secretary of Agriculture to
prescribe, among other things, definitions and standards of identity or
composition for poultry products whenever the Secretary determines that
such action is necessary for the protection of the public (21 U.S.C.
457(b)). Poultry classes were established by USDA to aid in labeling
poultry. The classes were based primarily on the age and sex of the
bird. FSIS uses poultry class standards to ensure that poultry products
are labeled in a truthful and non-misleading manner.
On November 3, 2011, FSIS published a final rule to amend the
definitions and standards for the U.S. classes of poultry listed in 9
CFR 381.170(a)(1)(76 FR 68058). The 2011 final rule lowered the age
definitions for five classes of poultry and removed the word
``usually'' from the age designation descriptions, so that the age
designations are clear and enforceable (76 FR 68058, 68062). In
addition to lowering the age definition for the ``roaster'' class, the
final rule also defined a ``roaster'' based on a ready-to-cook (RTC)
carcass weight.
A ``roaster'' or ``roasting chicken'' (hereafter referred to as
``roasters'') is defined in 9 CFR 381.170(1)(a)(iii) as ``a young
chicken (between 8 and 12 weeks of age), of either sex, with a ready-
to-cook carcass weight of 5 pounds or more, that is tender-meated with
soft, pliable, smooth-textured skin and breastbone cartilage that is
somewhat less flexible than that of a broiler or fryer.'' This
definition was informed by data collected by the USDA Agricultural
Marketing Service (AMS) from the segment of the industry that routinely
produces ``roasters,'' comments received in response to a September 3,
2003, proposed rule to amend the poultry classes (68 FR 55902), and
comments received in response to a 2009 supplemental proposed rule in
which the Agency re-proposed to amend the ``roaster'' standard to
establish an age range from 8 to 12 weeks and to provide for a RTC
carcass weight (74 FR 3337, July 13, 2009). The 2011 final rule became
effective on January 1, 2014, the uniform compliance date for FSIS
labeling regulations issued between January 1 2011 and December 31,
2012 (75 FR 71344, November 23, 2010).
NCC Petition
On November 18, 2013--before the January 1, 2014, effective date
for the final rule--the National Chicken Council (NCC) submitted a
petition requesting that FSIS amend the definition and standard of
identity for the ``roaster'' chicken class to remove the 8-week minimum
age requirement and to increase the RTC carcass weight to 5.5 pounds.
The petition is available on the FSIS Web site at http://www.fsis.usda.gov/wps/wcm/connect/adf54579-7a18-4ab2-a9b5-88f1eef65332/Petition-National-Chicken-Council.pdf?MOD=AJPERES.
The petition specifically asked FSIS to amend 9 CFR
381.170(a)(1)(iii) to define a ``roaster'' as a young chicken (less
than 12 weeks of age) of either sex, with an RTC carcass weight of 5.5
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that may be somewhat less
flexible than that of a ``broiler'' or ``fryer.'' The petition also
requested that FSIS, as necessary, exercise enforcement discretion or
stay the effective date of the ``roaster'' definition scheduled to go
into effect on January 1, 2014.
According to the petition, the ``roaster'' standard established in
the 2011 final rule would detract from the orderly and efficient
marketing of classes of poultry because companies would be unable to
label and market chickens with the RTC weight and other physical
attributes of a ``roaster'' as ``roasters'' because of the minimum age
requirement. The NCC asserted that improvements in breeding and poultry
management techniques that have continued since FSIS published the
November 2011 final rule have enabled producers to raise chickens with
the characteristics of roasters in under 8 weeks.
NCC submitted additional data in support of its petition on
December 16,
[[Page 50229]]
2013 (available on the FSIS Web site at: http://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/petitions). FSIS, in consultation with
USDA's AMS conducted a preliminary review of the petition and
supporting data. From this preliminary review, FSIS and AMS found that
data show that producers are raising chickens with a RTC carcass weight
of 5 pounds or more with the other physical characteristics of a
``roaster'' in less than 8 weeks. The data also show that in 2012, the
average commercially processed chicken reached a slaughter weight of
5.95 pounds in 47 days. This amount of time is less than the 8-week
minimum age for a ``roaster,'' although the bird's weight would exceed
the 5 pound RTC minimum weight requirement. Thus, the age of these
birds falls within the age range for ``broilers'' (i.e., under 10
weeks), but these birds have the size and other physical attributes of
``roasters.'' On the basis of these findings, FSIS and AMS agreed on
the need to address this gap in the regulations.
Therefore, in the December 27, 2013, edition of its Constituent
Update newsletter, FSIS announced that it would allow chickens younger
than 8 weeks of age to continue to be labeled and marketed as
``roasters'' after the new poultry class standards go into effect if
these birds meet all of the other characteristics of a ``roaster'' in
the standard. That is, they would have to have a RTC carcass weight of
5 pounds or more, be tender-meated, and have soft, pliable, smooth-
textured skin that is somewhat less flexible than that of a broiler or
fryer.\1\ FSIS also stated that it intended to propose to revise the
roaster definition or reaffirm the November 2011 definition (http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713).
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\1\ Before FSIS published the 2011 final rule, the former
poultry class standards stated that roasters are ``usually 3 to 5
months'' but did not prohibit birds younger than 8 weeks from being
labeled and marketed as ``roasters.'').
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In July 2014, FSIS, in consultation with AMS, completed its review
of the NCC petition. AMS verified that the data that NCC submitted to
support the petition are consistent with production data that AMS
collected from the poultry industry. After reviewing the available
information, FSIS and AMS concluded that the data show that chickens
younger than 8 weeks are consistently reaching higher average dressed
weights in shorter periods of time, and that there is a trend of
increasing growth rate of commercially processed chickens between 2009
and 2012, supporting the elimination of a minimum age for the
``roaster'' class. FSIS, in consultation with AMS, also found that the
data show that, in those regions of the country where ``roasters'' are
marketed, customers value ``roasters'' more highly on a pound-per-pound
basis than they do ``broilers,'' demonstrating the need to allow birds
with the physical characteristics of ``roasters'' to be accurately
labeled as ``roasters.''
Therefore, on July 23, 2014, FSIS sent a letter to the NCC to
inform the organization that FSIS had decided to grant its petition to
amend the ``roaster'' poultry class (http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES).
The Proposed Rule
FSIS is proposing to amend the poultry class standards to define a
``roaster'' or ``roasting chicken'' as a young chicken (less than 12
weeks of age) of either sex, with a ready-to-cook carcass weight of 5.5
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that may be somewhat less
flexible than that of a ``broiler'' or ``fryer.'' Removing the minimum
age and increasing the RTC carcass weight for the ``roaster'' class, as
requested in the petition, would allow birds younger than 8 weeks that
have the physical characteristics of a ``roaster'' to continue to be
labeled and marketed as ``roasters.''
As noted above, FSIS is proposing to increase the RTC carcass
weight for ``roasters'' from 5 to 5.5 pounds, as requested in the
petition. However, FSIS is soliciting comments regarding the merit of
increasing the minimum RTC carcass weight from 5 pounds to 5.5 pounds
and the effect that such an increase may have on small poultry
producers. To be of value, the comments must provide a factual basis
for or against increasing the weight requirement for ``roasters.''
Executive Order 12866 and Executive Order 13563
This proposed rule has been designated as a ``non-significant''
regulatory action under section 3(f) of Executive Order (E.O.) 12866.
Accordingly, the rule has been not been reviewed by the Office of
Management and Budget under E.O. 12866.
Economic Impact Analysis
This rule will not have significant costs because FSIS currently
allows birds younger than 8 weeks with the physical attributes of
``roasters'' to be labeled as ``roasters.'' \2\ The proposed rule would
codify present practices and would not impose new requirements on
establishments. For consumers, it would ensure that the labels for
chickens with the characteristics of ``roaster'' are truthful and not
misleading, and, consequently, consumers will be able to make informed
purchase decisions.
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\2\ Food Safety and Inspection Service, Correspondence, July 23,
2014. Available at: http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES. See Constituent Update, December 27, 2013,
available at: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713.
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Regulatory Flexibility Act Assessment
The FSIS Administrator has made a preliminary determination that
this proposed rule would not have a significant economic impact on a
substantial number of small entities in the United States, as defined
by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
FSIS projects that this rule will not result in additional costs to
the industry because FSIS currently allows birds younger than 8 weeks
with the physical attributes of ``roasters'' to be labeled as
``roasters.'' \3\
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\3\ Food Safety and Inspection Service, Correspondence, July 23,
2014. Accessed here: http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES.
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Paperwork Reduction Act
FSIS has reviewed this rule under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520) and has determined that the information
collection related to labeling has been approved by OMB under OMB
control number 0583-0092.
FSIS does not anticipate many label changes due to the proposed
change to the ``roaster'' definition because establishments that
produce chickens that comply with the proposed ``roaster'' poultry
class standard are already labeling these birds as ``roasters.''
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the Internet and other information technologies,
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil
[[Page 50230]]
Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Executive Order 13175
This proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. The review reveals that this proposed
regulation will not have substantial and direct effects on Tribal
governments and will not have significant Tribal implications.
USDA Non-Discrimination Statement
No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.
How To File a Complaint of Discrimination
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your
authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410,
Fax: (202) 690-7442, Email: [email protected].
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.), should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS Web page located at:
http://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this publication available through
the FSIS Constituent Update, which is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, and other types of information that
could affect or would be of interest to our constituents and
stakeholders. The Update is available on the FSIS Web page. Through the
Web page, FSIS is able to provide information to a much broader, more
diverse audience. In addition, FSIS offers an email subscription
service which provides automatic and customized access to selected food
safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export
information, regulations, directives, and notices. Customers can add or
delete subscriptions themselves, and have the option to password
protect their accounts.
List of Subjects in 9 CFR Part 381
Food grades and standards, Poultry and poultry products.
For the reasons set forth in the preamble, FSIS proposes to amend 9
CFR part 381, as follows:
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
0
1. The authority citation for part 381 continues 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.
0
2. Section 381.170 is amended by revising paragraph (a)(1)(iii) to read
as follows:
Sec. 381.170 Standards for kinds and classes, and for cuts of raw
poultry.
(a) * * *
(1) * * *
(iii) Roaster or roasting chicken. A ``roaster'' or ``roasting
chicken'' is a young chicken (less than 12 weeks of age) of either sex,
with a ready-to-cook carcass weight of 5.5 pounds or more, that is
tender-meated with soft, pliable, smooth-textured skin and breastbone
cartilage that is somewhat less flexible than that of a broiler or
fryer.
* * * * *
Done at Washington, DC, on August 12, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-20433 Filed 8-18-15; 8:45 am]
BILLING CODE P