[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44644-44645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21304]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 318 and 319

[Docket No. 94-015N]
RIN 0583-AB82


Use of Soy Protein Concentrate, Modified Food Starch, and 
Carrageenan as Binders in Certain Meat Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Affirmation of effective date for direct final rule.

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SUMMARY: On May 24, 1999, the Food Safety and Inspection Service (FSIS) 
published a direct final rule, ``Use of Soy Protein Concentrate, 
Modified Food Starch, and Carrageenan as Binders in Certain Meat 
Products'' (64 FR 27901). This direct final rule notified the public of 
FSIS's intention to amend the Federal meat inspection regulations to 
allow the use of soy protein concentrate, both singly and in 
combination with

[[Page 44645]]

modified food starch or carrageenan, as a binder in cured pork products 
labeled ``Ham with Natural Juices,'' ``Ham Water Added,'' and ``Ham and 
Water Product--X% of Weight is Added Ingredients,'' and to increase the 
permitted use level of modified food starch as a binder in ``Ham and 
Water Product--X% of Weight is Added Ingredients'' products. These 
binders will be used to reduce purging of the pumped brine solution 
from the products. FSIS received one comment in response to the direct 
final rule. However, the comment was not an adverse comment or notice 
of intent to submit an adverse comment. Therefore, FSIS is affirming 
the July 23, 1999, effective date for this direct final rule.

EFFECTIVE DATE: The direct final rule published on May 24, 1999 at 64 
FR 27901 is effective July 23, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Robert Post, Director, Labeling 
and Additives Policy Division, Office of Policy, Program Development 
and Evaluation, Food Safety and Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250-3700; (202) 205-0279.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 1999, FSIS published a direct final rule ``Use of Soy 
Protein Concentrate, Modified Food Starch, and Carrageenan as Binders 
in Certain Meat Products.'' On June 23, 1999, FSIS received a comment 
in response to that rulemaking from Protein Technologies International 
(PTI), a manufacturer of domestically produced soy proteins used in a 
wide variety of food applications. PTI requested that the direct final 
rule not be published until the rule could be amended pursuant to PTI's 
position, which would be enunciated in a supplemental comment to be 
submitted in the future.
    The commenter requested that the direct final rule be modified to 
include isolated soy protein at appropriate levels consistent with the 
usage contemplated by the direct final rule with respect to soy protein 
concentrate. The commenter also suggested that FSIS permit combinations 
of these substances to include any other approved binder, and not be 
limited solely to modified food starch, and that such combinations be 
permitted in any of the categories of ham products established by FSIS 
regulations.
    The direct final rule indicates that the Agency will permit the use 
of soy protein concentrate, both singly and in combination with 
modified food starch or carrageenan, as a binder in cured pork products 
labeled ``Ham with Natural Juices,'' ``Ham Water Added,'' and ``Ham and 
Water Product--X% of Weight is Added Ingredients,'' as well as allow an 
increase in the permitted use level of modified food starch as a binder 
in ``Ham and Water Product--X% of Weight is Added Ingredients'' 
products. These provisions are based on the specific use requests 
contained in petitions submitted to FSIS by Central Soya and the 
National Starch and Chemical Company and informal requests from several 
food manufacturers and the accompanying data submitted to support the 
effectiveness of these combined uses. These data supported only the 
specific use requests submitted to FSIS as reflected in the direct 
final rule. Neither the data nor the direct final rule addressed the 
three issues raised by the commenter. The commenter's requests are 
therefore outside the scope of this rule.
    The comment is not adverse with respect to the promulgation of the 
direct final rule because it was not opposed to the rulemaking. Rather, 
the comment suggests that provisions of the direct final rule should be 
extended by FSIS to matters outside the scope of the direct final rule 
(i.e., to another binder, to other combinations of binders, and to 
other ham products). Therefore, the effective date remains as July 23, 
1999. However, FSIS welcomes the submission of information in support 
of the request made by the commenter. Upon receipt of data in support 
of the request, and based on the merits of the data, the Agency will 
consider further amendments to the meat regulations to include isolated 
soy protein singly and in combination with other approved binders for 
use in cured pork and other products.

    Done at Washington, DC, on: August 10, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-21304 Filed 8-16-99; 8:45 am]
BILLING CODE 3410-DM-U