[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21706-21709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08488]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS-2015-0026]
RIN 0583-AD60
Classes of Poultry
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending 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 amending the
``roaster'' definition to remove the 8-week minimum age criterion and
increase the RTC carcass weight from 5 pounds to 5.5 pounds. FSIS is
taking this action in response to a petition submitted by the National
Chicken Council.
DATES: Effective Date: January 1, 2018.
FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director,
Labeling and Program Delivery Staff, Office of Policy and Program
Development, FSIS, USDA; Telephone (301)504-0879.
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 (9 CFR 381.170). 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 August 19, 2015, FSIS published a proposed rule to amend the
definition and standard of identity for the ``roaster'' or ``roasting
chicken'' poultry
[[Page 21707]]
class (hereafter referred to as ``roasters'') (80 FR 50229). Under the
current regulations, a ``roaster'' is defined as a young chicken
(between 8 and 12 weeks of age), of either sex, with a RTC 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 (9 CFR 381.170(a)(1)(iii)). FSIS
published the final rule that established the current poultry class
standards, including the ``roaster'' class, on November 3, 2011, and
the rule went into effect on January 1, 2014.
On November 18, 2013, before the January 1, 2014, effective date
for the 2011 final rule, the National Chicken Council (NCC) petitioned
FSIS to 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 (http://www.fsis.usda.gov/wps/wcm/connect/adf54579-7a18-4ab2-a9b5-88f1eef65332/Petition-National-Chicken-Council.pdf?MOD=AJPERES). 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.
FSIS, in consultation with USDA's Agricultural Marketing Service
(AMS), conducted a preliminary review of the NCC petition and
supporting data and tentatively concluded that the petition had merit.
Therefore, in the December 27, 2013, edition of the FSIS Constituent
Update, FSIS announced that it would continue to allow chickens younger
than 8 weeks of age to be labeled and marketed as ``roasters'' if these
birds met all of the other characteristics of a ``roaster'' (http://www.fsis.usda.gov/wps/wcm/connect/7f5a78cd-48f5-411b-bcf3-6f0035e72ff8/Constituent-Update-122713.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7f5a78cd-48f5-411b-bcf3-6f0035e72ff8). 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. FSIS
also stated that it intended to propose to revise the roaster
definition or reaffirm the definition established in the November 2011
final rule.
In July 2014, FSIS, in consultation with AMS, completed its review
of the NCC petition and concluded that the available data supported the
requested action (see the August 19, 2015 proposed rule ``Classes of
Poultry'' (80 FR 50228)). On July 23, 2014, FSIS sent a letter to the
NCC informing the organization that the Agency had decided to grant the
petition (http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES). On August
19, 2015, FSIS published a proposed rule 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 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.'' After reviewing the
comments on the proposed rule, FSIS is finalizing it without changes.
Summary of Comments and Responses
FSIS received four comments on the proposed rule, one from an
organization representing the chicken industry and three from private
citizens.
An organization representing the chicken industry strongly
supported the proposed amendment because of the positive impacts on the
poultry industry. According to the comment, such impacts include: (1)
Aiding in the orderly and efficient marketing of classes of poultry in
the United States, (2) eliminating the burden of periodically amending
the regulation to reflect industry advancements in breeding by removing
the minimum age requirement, and (3) reducing the cost for producers to
efficiently raise birds. The organization also commented that efficient
raising of birds would keep the cost of the final product lower for
consumers because companies would not need to continue to pay for
birds' feed until the birds reach eight weeks.
The following is a summary of other relevant issues raised in the
comments opposed to the rule and FSIS's responses.
Comment: An individual opposed amending the ``roaster'' definition
because the commenter believed that the change poses a health risk to
the public. According to the comment, increasing the RTC weight from 5
pounds to 5.5 pounds will change the time that a ``roasting chicken''
will have to cook.
Response: FSIS disagrees that amending the ``roaster'' definition
poses a health risk to the public. FSIS recommends cooking whole
chicken to a safe minimum internal temperature of 165 [deg]F (73.9
[deg]C) as measured with a food thermometer regardless of the weight of
the bird. FSIS and standard cooking guidance recommend that those
preparing whole chickens check the internal temperature in the
innermost part of the thigh and wing and the thickest part of the
breast. For planning purposes, some consumers approximate cooking times
based on the weight of the carcass. FSIS requires all poultry labels to
display an accurate net weight.
Comment: Two comments from individuals stated that FSIS should
maintain the 8-12 week age criteria for ``roasting chickens.''
According to the comments, ``roasters'' have a superior texture and
flavor spectrum because of their age and not their size. One commenter
asserted that the flavor of the meat improves with more bone versus
cartilage in the finished meal. Another commenter said that the older
the birds, the more firm and less fatty the meat. That commenter stated
that consumers pay a premium for an older bird not a larger bird.
Response: The new standard for ``roasting chicken'' eliminates the
minimum age requirement of 8 weeks. Chickens up to 12 weeks may be
labeled as ``roasters.'' Additionally, the ``roaster'' standard
includes physical attributes, including those the commenters
identified: the birds must be tender-meated with soft, pliable, smooth-
textured skin and have breastbone cartilage that may be somewhat less
flexible than that of a ``broiler'' or ``fryer.'' Chickens that do not
meet these physical attributes do not meet the standard for
``roaster.''
Comment: One individual stated that to assure consumers that they
are purchasing an appropriately aged bird, product labels should
indicate the age of the bird at the time of slaughter. According to the
commenter, through this labeling information, consumers can decide
whether they are purchasing a roaster or a broiler. Another individual
said that companies should not be required to label birds as
``broilers'' or ``roasters'' if the only difference between the two is
size. According to the comment, the labeling should simply provide the
RTC carcass weight.
Response: Requiring that poultry carcasses be labeled with the age
at time of slaughter would place an undue burden on industry without
providing information to consumers that will inform their purchasing
decisions. Both ``roasters'' and ``broilers'' may,
[[Page 21708]]
alternatively, be labeled as ``whole young chickens'' if the
manufacturer prefers not to label them as ``roasters'' or ``broilers''
(9 CFR 381.117). Also, FSIS agrees with the petitioners that as long as
chickens 12 weeks or younger have the appropriate characteristics, they
may be labeled as ``roasters.''
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``non-significant''
regulatory action under section 3(f) of Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget under Executive Order (E.O.) 12866.
Economic Impact Analysis
FSIS affirms the preliminary regulatory impact analysis \1\ and is
finalizing the proposed rule and regulatory impact analysis without
change. This final rule will not have significant costs because FSIS
allows chickens younger than 8 weeks with the physical attributes of
``roasters'' to be labeled as ``roasters.'' \2\ The final rule will
codify present practices and will not impose new requirements.
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\1\ http://www.fsis.usda.gov/wps/wcm/connect/3fc66d17-1b67-4e09-a4a2-5eabbc55940a/2015-0026.htm?MOD=AJPERES.
\2\ See Constituent Update: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713.
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Amending the poultry class definition of ``roaster'' will benefit
consumers by ensuring that chickens labeled as ``roasters'' continue to
meet consumer expectations, and that the labels are truthful and not
misleading. Consequently, consumers will be able to make informed
purchase decisions.
Regulatory Flexibility Act Assessment
The FSIS Administrator has determined that this 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 et
seq.). This final rule will not result in additional costs to the
industry because FSIS allows chickens younger than 8 weeks with the
physical attributes of ``roasters'' to be labeled as ``roasters.''
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 as a result of the
change to the ``roaster'' definition because establishments that
produce chickens that comply with the ``roaster'' poultry class
standard are already labeling these birds as ``roasters.''
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil 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 rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult
and coordinate with tribes on a government-to-government basis on
policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly
mandated by Congress.
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.
[[Page 21709]]
List of Subjects in 9 CFR Part 381
Food grades and standards, Poultry and poultry products.
For the reasons stated in the preamble, FSIS amends 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, 450; 21 U.S.C. 451-470; 7 CFR 2.7,
2.18, 2.53.
0
2. Amend Sec. 381.170 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: April 8, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-08488 Filed 4-12-16; 8:45 am]
BILLING CODE 3410-DM-P