This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

46450

Vol. 62, No. 170

Wednesday, September 3, 1997

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 319

[Docket No. 96–006P]

RIN 0583–AC 09

Beef or Pork With Barbecue Sauce;

Revision of Standard

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Proposed rule.

SUMMARY: In response to a petition, the

Food Safety and Inspection Service

(FSIS) is proposing to amend the

Federal meat inspection regulations by

removing meat yield requirements for

the standardized products ‘‘Beef With

Barbecue Sauce’’ and ‘‘Pork With

Barbecue Sauce.’’ The petitioner states

that the current product standard,

promulgated in 1952, places producers

of these products at a competitive

disadvantage because producers of other

meat and sauce products do not have a

cooked meat yield requirement or a raw

meat yield requirement. This action

would provide consistent requirements

for most meat and sauce producers.

DATES: Comments must be received on

or before November 3, 1997.

ADDRESSES: Send an original and two

copies of written comments to: FSIS

Docket Clerk, Docket No. 96–006P,

Room 102, Cotton Annex, 300 12th St.,

SW, Washington, DC 20250. All

comments submitted in response to this

proposal will be available for public

inspection in the FSIS Docket Room,

Room 102, Cotton Annex from 8:30 a.m.

to 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Robert Post, Acting Director, Facilities,

Equipment, Labeling, and Compound

Review Division, Office of Policy,

Program Development and Evaluation,

Food Safety and Inspection Service,

U.S. Department of Agriculture,

Washington, DC 20250; (202) 418–8900.

SUPPLEMENTARY INFORMATION:

Background

Section 319.312 of the Federal meat

inspection regulations requires that the

products labeled as ‘‘Beef With

Barbecue Sauce’’ and ‘‘Pork With

Barbecue Sauce’’ must contain a

minimum of 50 percent cooked meat of

the species identified on the label, that

the cooked meat must be reduced by

cooking to no more than 70 percent of

the weight of the uncooked meat, and if

uncooked meat is used to produce the

product, the product must contain at

least 72 percent meat computed on the

weight of the uncooked meat.

Meat yield requirements were

originally promulgated for certain

standardized products, e.g., :‘‘Hash’’

(§ 319.302), ‘‘Corned Beef Hash’’

(§ 319.303) and ‘‘Beef or Pork with

Barbecue Sauce’’ (§ 319.312). Other

similar standardized meat and sauce

products, such as ‘‘Meat Stews

(§ 319.304), ‘‘Beans with Frankfurters in

Sauce, Sauerkraut with Wieners and

Juice, and similar products’’ (§ 319.309),

and ‘‘Beef with Gravy and Gravy with

Beef’’ (§ 319.313), do have minimum

meat content requirements, but do not

require specific cooked or uncooked

meat yields.

FSIS has been petitioned by the

American Meat Institute to amend the

Federal meat inspection regulations by

removing a cooked meat yield

requirement and a raw meat yield

requirement for the standardized

products ‘‘Beef With Barbecue Sauce’’

and ‘‘Pork With Barbecue Sauce.’’ The

petitioner asserts that the product

standard, promulgated in 1952, does not

reflect the conditions of commercial

marketability of beef or pork with

barbecue sauce in that consumers

readily accept such a sauce with a

minimum meat content without regard

to the amount of liquid in the product.

Further, these obsolete requirements

place producers of these products at a

competitive disadvantage with respect

to manufacturers of similar products,

such as ‘‘Beef with Gravy’’ who do not

have such requirements. FSIS agrees

with the petitioner in both of these

assertions. FSIS further believes that

clarification of this standard will benefit

the public by providing a clearer

standard of identity and that the public

will better understand the standard.

Executive Order 12866

This proposal is considered not

significant and, therefore, has not been

reviewed by the Office of Management

and Budget.

Effect on Small Entities

The Administrator, FSIS, has

determined that this proposal will not

have a significant impact on a

substantial number of small entities.

The proposal would remove obsolete

meat yield requirements and provide

consistent requirements for producers of

most meat and sauce products.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform.

This rule (1) preempts all State and

local laws and regulations that are

inconsistent with this rule; (2) has not

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

List of Subjects in 9 CFR Part 319

Meat inspection, Standards of identity

or composition.

For the reasons discussed in the

preamble, FSIS is proposing to amend

Part 319 of the Federal meat inspection

regulations (9 CFR Part 319) as follows:

PART 319—DEFINITIONS AND

STANDARDS OF IDENTITY OR

COMPOSITION

1. The authority citation for part 319

would be revised as follows:

Authority: 7 U.S.C. 450, 1901–1906; 21

U.S.C. 601–695; 7 CFR 2.18, 2.53.

2. Section 319. 312 would be

amended to revise the first sentence to

read as follows:

§ 319.312 Pork with barbecue sauce and

beef with barbecue sauce.

‘‘Pork with Barbecue Sauce’’ and

‘‘Beef with Barbecue Sauce’’ shall

consist of not less than 50 percent

cooked meat of the species specified on

the label. * * *

Done at Washington, DC, on August 26,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–23248 Filed 9–2–97; 8:45 am]

BILLING CODE 3410–DM–P